Demolitions of properties in UP followed due process, not action against rioters: UP govt tells SC
Jun 22, 2022
New Delhi [India], June 22 : Uttar Pradesh Government has informed the Supreme Court that recent demolitions of properties carried out in the state were done following due process and were in no way related to taking action against persons accused of rioting.
The government has taken action against rioters as per a different set of statutes, the UP government stated.
"It was only after due service and providing adequate opportunity under Section 27 of the Act that the illegal construction was demolished by the Prayagraj Development Authority on 12.06.2022 after following due process of law and the same had no relation to the incident of rioting, " the UP Government submitted.
UP govt submission came in an affidavit filed in response to Jamiat Ulama-I-Hind application against the recent demolition drive in Uttar Pradesh. Uttar Pradesh government, in its affidavit, urged the Court to dismiss Jamiat Ulama-I-Hind application saying that it is without merit.
Blaming the petitioner for cherry-picking including one instance of demolition of the house of one Javed Mohammed in Prayagraj, UP government said the process against that alleged unauthorised construction had been initiated much prior to incidents of rioting.
Uttar Pradesh government stated through an affidavit that in so far as taking action against the persons accused in rioting, the State government is taking stringent steps against them in accordance with a completely different set of statutes.
Countering the allegation levelled by petitioner Jamiat Ulama-I-Hind, the UP government said that the applicant organization has merely hand picks certain media reporting relating to demolitions to make unfounded allegations against the State machinery and its officers, and seeks sweeping omnibus reliefs unfounded in either law or fact.
UP government also accused Jamiat Ulama-I-Hind of attempting to give a mala fide colour to lawful action taken by the local development authorities as per the procedure established by law by cherry-picking one-sided media reporting of a few incidents and extrapolating sweeping allegations from the same against the State.
UP government submitted that allegations levelled by Jamiat-Ulama-I-Hind are absolutely false and vehemently denied.
UP government urged Supreme Court to dismiss the plea filed by Jamiat-Ulama-I-Hind which sought directions to the State of UP to ensure that no further demolitions are carried out in the State without following due process. UP government also apprised the court that aggrieved parties have not approached the top court.
UP government said recent demolitions have been carried out by the Local Development Authorities, which are statutory autonomous bodies, independent of the State administration, as per law as part of their routine effort against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972.
Uttar Pradesh Government told Supreme Court that it takes strong exception to the attempt by the Petitioner Jamiat Ulama-I-Hind to name the highest constitutional functionaries of the State and falsely colour the local development Authority's lawful actions strictly complying with the UP Urban Planning and Development Act, 1973, as "extra-legal punitive measures" against accused persons, targeting any particular religious community.
Uttar Pradesh Government stated that allegations are absolutely false and are vehemently denied.
It also apprised the top court that recent demolitions have been carried out by the Local Development Authorities, which are statutory autonomous bodies, independent of the State administration, as per law as part of their routine effort against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972.
Uttar Pradesh Government has taken strong exception to the attempt by the Petitioner Jamiat Ulama-I-Hind to name the highest constitutional functionaries of the State and falsely colour the local development Authority's lawful actions strictly complying with the UP Urban Planning and Development Act, 1973, as "extra-legal punitive measures" against accused persons, targeting any particular religious community.
Last week, the Supreme Court sought the response of the Uttar Pradesh government on pleas by Jamiat-Ulama-I-Hind and also asked the administration to follow the process of law for carrying out the demolition of alleged unauthorised structures.
Jamiat Ulama-I-Hind has filed an application seeking to issue directions to the State of Uttar Pradesh that no precipitative action be taken in the state against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.
The application by the organization Jamiat Ulama-I-Hind has also urged the Court that any demolition drive that the authorities are planning to carry out in Kanpur District should be stayed during the pendency of the instant writ petition.
