Won't Act On Demolition Notices Against Houses Of Accused In Bahraich Violence Case Till Tomorrow : UP Govt Tells Supreme Court

The State of Uttar Pradesh on Tuesday (October 22) told the Supreme Court that the authorities will not act on the demolition notices issued against the buildings of certain residents of Bahraich who are accused of rioting till tomorrow.

Additional Solicitor General KM Nataraj made this submission on behalf of the State before a bench comprising Justices BR Gavai and KV Viswanathan, which was considering an application seeking protection against the proposed demolitions, pursuant to a mentioning.

It may be noted that communal riots had taken place in the UP town of Bahraich last week. Recently, the authorities issued notices to demolish the buildings of certain persons, who are named as accused in an FIR related to rioting, by alleging that their constructions were illegal.  Three of them filed an application before the Supreme Court on Sunday against the demolitions proposed on that day (October 20).

Senior Advocate Chander Uday Singh mentioned the application before the bench today. It may be noted that the same bench had on September 17 passed an interim order that no construction should be bulldozed without prior permission from the Supreme Court, except those that are encroachments on public spaces. Recently, the same bench reserved judgment on a batch of petitions seeking directions against "bulldozer actions" by various State authorities, whereby houses of persons accused of crimes were demolished as a punitive action.

In response to Singh's mentioning, the State's counsel informed the bench that the Allahabad High Court is also seized of the matter regarding bulldozer actions. On Sunday, after an urgent hearing, the High Court granted 15 more days to the accused persons to respond to the notices.

"If they (UP authorities) want to take risk of flouting our order, it's their choice," Justice Gavai warned the State.

Before parting, the judge conveyed that the Court will take up the application tomorrow and asked the ASG to defer action. In response, the ASG said that no action will be taken till tomorrow.

Case Title: Jamiat Ulama I Hind v. North Delhi Municipal Corporation | W.P. (Crl.) No. 162/2022