The Uttar Pradesh government on Tuesday told the Supreme Court that authorities won't act on demolition notices issued against the properties of accused persons in the Bahraich violence case till tomotrrow.
The assurance came after Senior Advocate CU Singh mentioned the plea challenging the notices issued to three accused persons in the Bahraich violence. The Supreme Court agreed to hear the pleas tomorrow and asked the Uttar Pradesh government to not take action on notices till Wednesday.
A bench of Justices BR Gavai and KV Viswanathan said that if the Uttar Pradesh authorities want to take risk of flouting our order, it's their choice.
Recently, three persons accused of Bahraich Violence filed intervention application against proposed demolitions alleging the notices to be "Buldozer Action" by the UP government. The stay order till tomorrow came after the top court was told that the Allahabad High Court has extended notice time to 15 days from 3 days, but has not granted any stay.
The application has been filed in the Supreme Court by three persons accused in the incidents of violence in Uttar Pradesh's Bahraich that occurred on October 13, 2024 against the demolition notices they have received from authorities for proposed demolition.
The IA seeks stay of demolition as well as the notices issued to the three persons by authorities. The IA quotes a statement of local MLA where it was allegedly said that the administration has pasted a demolition notice on the illegally constructed house of the main accused Abdul Hameed, and the next action will be seen very soon.
Recently, while staying demolition across country without court permission, the top court had said that house of a person cannot be demolished merely because he is an accused or a convict in another crime. The top court further said that it will lay down pan-India guidelines to prevent abuse of municipal laws.
Three persons named in the FIRs registered related to the Bahraich violence, who are hawkers and farmers by occupation, claim that the properties for which notices have been issued are 10-70 years old. They have moved the top court claiming that the proposed demolition of their properties is punitive action over the October 13 violence.
They have alleged that the government's stance that this is an unauthorised construction is merely a ruse to illegally overcome the Supreme Court's stay on demolition without court permission.
The plea states the urgency shown and the short notice of 3 days time to respond to the notice denies reasonable opportunity and time to the applicants to seek legal remedy to protect their properties that have been there for decades. They have also alleged a "Pick and Choose" policy by the Government of Uttar Pradesh pointing that the adjacent neighbor on the other side of the same house has not received any notice.