Bahraich administration demolishes 23 illegal structures on public land in Kaiserganj

The Bahraich district administration on Wednesday demolished 23 structures that were illegally built on a barn and a road at Sarai Jagna village under Fakharpur police station in Bahraich’s Kaiserganj tehsil on Wednesday following directives of the Lucknow bench of the Allahabad high court passed in May 2023 on a petition filed by a local resident.

Heavy police force, including Provincial Armed Constabulary, was deployed during the exercise to clear public land that had been allegedly unlawfully occupied.

Kaiserganj sub divisional magistrate (SDM) Alok Kumar said, “23 structures were found illegally built on gram panchayat land at Sarai Jagna village. Notices were served to all the occupants to vacate the illegally encroached spaces. The administration had given an ultimatum till 10am on Wednesday.”

“The action is being taken in compliance with an order of the Lucknow bench of the Allahabad High court,” the SDM said.

According to the SDM, the 23 illegally encroached structures include 11 shops, eight houses and four others that include boundary walls.

The SDM said the action was being taken on the directive of the high court, moreover public land was being freed from illegal encroachment, hence, there was no violation of the Supreme Court order.

Earlier this month, the Supreme Court stopped bulldozer demolition across India until October 1 without its permission, and unless the demolitions are on public roads, water bodies, railway lines.

The apex court said it would formulate directives on when and how properties can be demolished under the municipal laws of the land.

Replying to a question, the SDM said, “All the occupants have separate places to live. Hence, there was no question of relocating them.”

About a year-and-a-half ago, one Hadisul had filed a complaint with the district administration for providing passage through public land that was said to be in illegal possession of her neighbour Javed.

Later, the dispute reached the high court, which directed the district administration to provide the passage to Hadisul in May 2023.

The SDM said there was an instruction from the court to take legal action and get the road cleared.

He said 23 different structures were found illegally built on the farmyard of gram panchayat land.

The land of gata (plot) numbers 92, 211 and 212 at Sarai Jagna gram panchayat under Fakharpur development block of Kaiserganj tehsil was marked for barn and a road but people of the village had occupied this land, building concrete houses and thatched huts there, people in the know of things said.

More than 129 people, including women and children, were living there, they added.

Asked why the action was being taken now though the high court had passed its order in May 2023, SDM Alok Kumar said legal procedure takes time and the action was taken by tehsildar’s court under Section 67 of the revenue code.

Everyone was served notices and almost all the occupant have removed their belongings and vacated the structures, prior to the demolition drive, he added.

While a section of residents supported the administration’s action, others raised concerns about the impact on those displaced.

Some villagers said people had been living in the houses for about 25 to 50 years, but now their dwellings were being demolished.

They acknowledged that notices were served in 2023 itself but the structures were not removed then.

Nanka, 65, said he was a residing in the village for about 50 years but now his house was bulldozed.

Similarly, Raheesun, said she was residing in the house for the past 25 years but now her house has been bulldozed in the name of clearing illegal encroachment.

She said in all these years, no one had ever taken any action.

CONGRESS DEMANDS REHAB, SP ALLEGES DISCRIMINATION

Reacting to the demolition exercise in Bahraich’s Kaiserganj tehsil, the Congress demanded rehabilitation of those who have lost their houses, while the Samajwadi Party alleged that the government was discriminating in taking action against certain communities.

Uttar Pradesh Congress Committee chief Ajay Rai said, “As far as I know, the bulldozer action has been taken as per the orders of the court, the government should look forward to rehabilitate all those who have lost their houses in this action. They have lost their houses and shops etc, so I request the government to work towards rehabilitating these people at the earliest.”

Samajwadi Party spokesperson Faraz Kidwai attacked the BJP government on the issue and said, “Bulldozers are giving a challenge to constitutional rights. With more demolitions in several cities across the state, violations of basic rights are widespread. Irrespective of court orders, the state government is contentiously targeting a community and bulldozer injustice is happening across the state.”