'High-Handed' : Bombay High Courts Slams Nagpur Civic Body For Demolishing Homes Of Accused In Communal Violence

The Bombay High Court on Monday pulled up the Nagpur Municipal Corporation (NMC) for its 'high-handed' approach in razing the houses of the persons named as accused in the recent communal violence in the city.

A division bench of Justices Nitin Sambre and Vrushali Joshi heard the petitions filed by one Jehrunissa Shamim Khan, mother of prime accused Fahim Khan, who apprised the bench of the fact that on March 21, she had received a notice from the NMC for demolishing her 2-storey house located Sanjay Bagh Colony in Yashodhara Nagar area in Nagpur.

The bench noted that despite Khan challenging the said notice and mentioning the same before it on Monday morning (March 24), the authorities pulled down the house amid heavy security and drone surveillance in the entire area, on Monday afternoon. 

"We therefore, mentioned the matter again at 2:30 PM and the bench heard us. We apprised the bench of the facts of the case and how the NMC hurriedly demolished my client's house. The bench was not at all impressed with the NMC. In fact, the bench questioned the authorities about their conduct and even pulled them for their high-handedness," confirmed advocate Ashwin Ingole, who represented Khan in the HC. 

Besides pulling up the authorities, the bench prima facie found the action in gross violation of the Supreme Court's ruling in the Re: Directions in the matter of Demolition of Structures, wherein a bench led by Justice Bhushan Gavai had held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime.

"But for the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, further factual matrix appears to be identical and prima facie we are satisfied that the respondent-Authorities are conducting demolition in contravention of the judgment of the Apex Court in Writ Petition (Civil) No.295/2022 In Re: Directions in the matter of demolition of structures," the judges said in the order.

The bench noted that another accused Abdul Hafiz, too received a similar notice and his house was also partially demolished by the authorities. It therefore, stayed the operations of the demolition notice.

"That being so, the entire action pursuant to the notice dated March 21, 2025 issued to the petitioners shall remain stayed until further orders," the bench ordered. 

Meanwhile, advocate Jemini Kasat representing the NMC informed the judges that the demolition action is already over. The bench recorded the statement. "However, we will be dealing with the legality of the notice and the action taken pursuant to such notice against the petitioner once an affidavit of the Municipal Commissioner and the Executive Engineer is placed on record," the judges said while adjourning the hearing till April 15. 

Case Title: Jehrunissa Khan vs Nagpur Municipal Corporation (Writ Petition 1600 of 2025)

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