Jamiat Ulama-e-Hind 'Cherry Picked' Cases: UP Govt's Response To SC Over Demolitions

Jamiat Ulama e hind which had alleged that the demolitions were selective actions targeting the minority community for protests in relation to the remarks on Prophet Muhammed.

The Uttar Pradesh government in its submission in Supreme Court said that due process was followed for demolition

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New Delhi: On recent demolitions that were carried out in Uttar Pradesh’s Kanpur and Prayagraj, the state government filed a response in the Supreme Court that the demolitions were done by Local Development Authorities strictly in accordance with the Uttar Pradesh Urban Planning and Development Act, 1973, reported legal news portal Live Law. 

The response by the Uttar Pradesh government through its affidavit came on the applications filed by Jamiat Ulama e hind which had alleged that the demolitions were selective actions targeting the minority community for protests in relation to the remarks on Prophet Muhammed.

In its submission, the State said that the Petitioner has “cherry picked” two demolition actions of illegal constructions in the properties of one Mr. Ishtiaq Ahmad and one Mr. Riyaz Ahmed that took place in Kanpur in an attempt to falsely link the same to the rioting.

"The Petitioner has deliberately obfuscated the true facts to paint a nefarious picture of alleged mala fides on the part of the Administration, and that too, without stating any facts on affidavit. The lA merit to be dismissed with costs on this ground alone." the submission stated as reported by the news portal. 

The State further stated in its submission that certain portions of the two illegal/ non-compliant structures in question took place and that both buildings were under construction, not in conformity with the permission granted and most importantly, proceedings under the Urban Planning Act against the two buildings had been initiated by the Kanpur Development Authority long before the incidents of rioting.

In connection with the demolition in Prayagraj, the State said that the action was carried out only after due service and providing adequate opportunity under Section 27 of the Act after which the illegal construction was demolished by the Prayagraj Development Authority following due process of law, the report stated.