SC adjourns till June 29 the petition filed by Jamiat Ulama-e-Hind against demolition in UP

New DelhiThe Supreme Court on Friday adjourned for June 29 hearing on a petition filed by Jamiat Ulama-e-Hind, seeking a direction to the Uttar Pradesh authorities to ensure that there is no further encroachment of properties in the state. Demolition should not be done without following due process.

A vacation bench of Justice CT Ravikumar and Justice Sudhanshu Dhulia adjourned the matter on the request of senior advocate Nitya Ramakrishnan, appearing for the petitioners, seeking more time to respond to the UP government’s affidavit.

The Uttar Pradesh government has informed the Supreme Court that the recent demolition of properties in the state was done following due process and in no way related to taking action against persons accused of riots. The UP government said that the government has taken action against the rioters according to different laws.

“The illegal construction was demolished by the Prayagraj Development Authority on 12.06.2022 following due process of law and providing proper service and adequate opportunity under section 27 of the Act and it has nothing to do with the incident of riot was,” the UP government submitted.

The UP government’s presentation came in an affidavit filed in response to the Jamiat Ulama-e-Hind’s application against the recent demolition drive in Uttar Pradesh. The Uttar Pradesh government in its affidavit requested for dismissal of the application of Jamiat Ulama-e-Hind saying it was without merit.

Blaming the petitioner for cherry-picking, including an instance of demolition of Javed Mohammad’s house in Prayagraj, the UP government said the process against the alleged unauthorized construction was initiated long before the events of the riots.

The Uttar Pradesh government, through an affidavit, said that as far as taking action against those accused of rioting is concerned, the state government is taking strict action against them as per completely different laws.

The UP government has also apprised the apex court that the recent demolitions have been carried out by the local development authorities, which are statutory autonomous bodies independent of the state administration, as part of their regular effort against unauthorized/illegal construction and encroachment by law. are according to. As per the UP Urban Planning and Development Act, 1972.

The Uttar Pradesh government has taken strong objection to the attempt by the petitioner Jamiat Ulama-e-Hind to name the highest constitutional functionaries of the state and to make the legitimate functions of the local development authority strictly complying with the Uttar Pradesh Urban Planning and Development Act, 1973. . As an “extra-legal punitive measure” against persons accused of targeting a particular religious community.

Last week, the Supreme Court sought response from the Uttar Pradesh government on petitions by Jamiat Ulama-e-Hind and also asked the administration to follow due process of law to demolish alleged unauthorized structures.

Jamiat Ulama-e-Hind has filed an application seeking direction to the State of Uttar Pradesh to take any preliminary action as an additional legal punitive measure against residential or commercial property of any accused in any criminal proceeding in the State. should not be done.

The application of Jamiat Ulama-e-Hind organization also urged the court that any demolition drive which the authorities are planning to take to Kanpur district, should be immediately stopped during the pendency of the writ petition. (ANI)

This report is automatically generated from ANI news service. ThePrint assumes no responsibility for its contents.


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