SC says demolitions should be as per law, not retaliatory; declines to halt demolitions
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New Delhi: The Supreme Court today issued notice to the Uttar Pradesh government on the demolition of houses of those accused in recent violence in the state and said, "demolitions have to be in accordance with the law, they cannot be retaliatory".
As per a PTI report, the apex court observed that it can't stay demolition but emphasised that the procedures established by law must be followed for the demolition of alleged unauthorised structures.
The court has sought replies from the UP government and its authorities within three days to demonstrate how the demolition that were done recently were in compliance with due procedure and municipal laws.
The bench posted the matter for further hearing on Tuesday.
There must be a sense among the citizens that the rule of law prevails in the country, a vacation bench of Justices AS Bopanna and Vikram Nath said, "Everything should be fair. We expect the authorities to strictly follow the due procedure under the law."
Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, and senior advocate Harish Salve, representing the Kanpur and Prayagraj civic authorities, said the due process of law was followed and notice in one instance of demolition was given way back in August 2020.
Mehta said none of the affected parties are before the court and a Muslim body, the Jamiatul Ulama-i-Hind, has approached the court seeking a generic order that there should not be any demolition.
Senior advocates C U Singh, Huzefa Ahmadi and Nitya Ramakrishnan, appearing for the Jamiatul Ulama-i-Hind, said statements are being made by the highest constitutional authorities, including the Uttar Pradesh chief minister, and demolitions are subsequently being carried out without giving an opportunity to the alleged riot accused to vacate their houses.
The top court was hearing pleas filed by the Muslim body seeking directions to the Uttar Pradesh government to ensure that no further demolitions of properties of alleged accused of recent violence are carried out in the State.