The latest bulldozer demolitions in Uttar Pradesh have been lawful, and motion in opposition to rioters is being taken below separate legal guidelines, the state authorities advised the Supreme Court docket at present in response to a plea difficult the demolitions which it mentioned are targetting a specific neighborhood.
The state authorities has sought dismissal of the plea with the imposition of fines on the petitioner.
Demolitions are a part of a routine effort in opposition to unlawful constructions and notices for a similar have been issued way back, the UP authorities mentioned within the high courtroom, including that the petitioner is falsely linking the demolitions to the riots.
“Lawful motion was taken by the native growth authorities as per the process established by legislation,” it mentioned.
Proceedings in opposition to Javed Mohammed’s home have been completed after giving them the ample alternative, with no relation to his position within the Prayagraj violence. Due technique of legislation adopted, it mentioned.
On June 16, the Supreme Court docket issued a discover to the UP authorities in search of its response to a plea filed by the Islamic organisation Jamiat Ulama-i-Hind. The courtroom had then noticed that demolitions need to be in accordance with the legislation, and can’t be a retaliatory measure.
The state additionally argued that no affected get together is earlier than the courtroom and even when it have been to strategy it, it is meant to go to the Excessive Court docket first.
Referring to the Kanpur demolitions, the UP authorities mentioned that two Kanpur builders have admitted the constructions are unlawful and proceedings below the City Planning Act had began lengthy earlier than the riots.
“Petitioner Jamiat Ulama-I-Hind has tried to present a mala fide color to lawful motion,” the state mentioned in its response, including that it’s “cherry-picking one-sided media reporting of some incidents” and extrapolating sweeping allegations from the identical in opposition to the state
“Demolitions have been carried out by the Native Growth Authorities, that are statutory autonomous our bodies, impartial of the State administration, as per legislation as a part of their routine effort in opposition to unauthorised/unlawful constructions and encroachments, in accordance with the UP City Planning and Growth Act, 1972,” it mentioned.
On motion in opposition to the accused in rioting, the state authorities mentioned it is taking stringent steps in opposition to them in accordance with a totally totally different set of statutes — Code of Legal Process (CrPC), the Indian Penal Code (IPC), UP Gangster and Anti Social Actions (Prevention) Act, 1986, Prevention of Public Property Damages Act; and Uttar Pradesh Restoration of Damages to Public and Non-public Property Act, 2020 and Guidelines 2021.
Arguing that the petitioner’s plea will not be worthy of invoking the “extraordinary jurisdiction” of the highest courtroom, the UP authorities pointed to a latest writ petition filed by a political get together (CPM) with respect to the alleged demolitions in Shaheen Bagh, the place it famous that solely the affected get together and never political events ought to come ahead. It had allowed withdrawal of the petition with liberty to strategy the Excessive Court docket.
The petition, filed by Muslim physique Jamiat Ulama-i-Hind, was in reference to the latest demolitions of buildings deemed unlawful by the state administration in Kanpur and Prayagraj.