'Action Taken In High-Handedness': Bombay HC Stays Demolition Of Properties Of Nagpur Violence Accused
A division bench, constituting Justices Nitin Sambre and Vrushali Joshi, heard the pleas and questioned why the owners of the houses were not given a hearing before demolishing alleged illegal portions.
The Nagpur Bench of the Bombay High Court on Monday granted a stay on the demolition of properties linked to the accused in the Nagpur violence case.
The court ruled that the demolition of the houses of two accused, including Fahim Khan, by the Nagpur Municipal Corporation (NMC) required legal scrutiny and criticised the administration for high-handedness.
The ruling came after the petitioners, including prime accused Faheem Khan’s mother, Mehrunnissa, and Abdul Hafiz, moved the court against the demolition and sought an urgent hearing.
A division bench comprising Justices Nitin Sambre and Vrushali Joshi heard the pleas and questioned why the owners were not given a hearing before the demolition of alleged illegal portions.
“The action was taken in a high-handed manner, without giving the owners of the property a hearing,” the bench noted.
The High Court raised concerns over the absence of a hearing for the property owners, who were allegedly responsible for the illegal construction, before the demolition.
Faheem Khan’s property was demolished before the High Court issued its order earlier this afternoon. The court has directed the government and municipal authorities to respond and scheduled the matter for further hearing on 15 April.
Earlier in the day, three JCB machines of the Nagpur Municipal Corporation began demolishing a two-storey house belonging to Fahim Khan at around 10:30 am in Sanjay Bagh Colony, Yashodhara Nagar, over unauthorised construction.
Authorities also removed an illegally constructed portion of a house belonging to another accused, Yusuf Sheikh, in Mahal, where the violence occurred on 17 March.
Fahim Khan, a leader of the Minority Democratic Party (MDP), has been charged with sedition. He is among more than 100 people arrested in connection with the 17 March violence in Nagpur, Maharashtra.
A few days ago, the Nagpur Municipal Corporation issued a notice to Khan, citing various lapses and the absence of building plan approval for his house, PTI reported, quoting sources.
MDP city chief Fahim Khan is currently in jail. The violence erupted in Nagpur on 17 March following rumours that a chadar with religious inscriptions had been burnt during protests led by the Vishwa Hindu Parishad (VHP), demanding the removal of Aurangzeb’s tomb in Chhatrapati Sambhajinagar.
The clashes led to widespread stone-pelting and arson across several parts of the city, injuring 33 police personnel, including three Deputy Commissioners of Police.
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