Friday , December 27 2024

Allahabad High Court gives 15 days time to respond to demolition notice

Allahabad High Court

In a significant development for residents facing demolition notices for illegal constructions on the Kundasar-Mahsi-Nanpara-Maharajganj road in Bahraich, the Allahabad High Court has granted an extension of 15 days to file replies to these notices. The order was issued by the Lucknow bench on Sunday and allowed the affected people to submit their replies till November 4, after which the state authorities are required to review the replies received and issue a reasoned decision on them.

The court's direction came after a public interest litigation (PIL) was filed by the Association for Protection of Civil Rights, which said that the action of the Uttar Pradesh government in issuing the demolition notice was illegal and in violation of the recent Supreme Court guidelines. , in which demolition by bulldozers was banned except in a few cases.

Justices AR Masoodi and Subhash Vidyarthi, hearing the case, raised concerns about the short notice period given to residents – only three days – before the proposed demolition. The bench also sought clarification on the legality of roadside construction and whether proper authority exists for these buildings.

The court has scheduled the next hearing for October 23, and has urged those who received the notice to attend the proceedings. The Court said that if the residents file their replies within the stipulated time, the competent authority should consider these submissions and pass a reasoned order, which should be communicated to the affected parties.

The situation gained attention after communal violence in Bahraich resulted in the death of Ram Gopal Mishra, who was shot during a clash over music being played in a procession. In view of these incidents, notices under the Road Control Act 1964 were issued to 23 establishments in the area, which were predominantly Muslim residents.

The Public Works Department (PWD) inspected the spot and documented 20 to 25 houses, including the house of Abdul Hameed, one of the persons involved in Mishra's death.