New Delhi: The Supreme Court will today hear the petition filed against the bulldozer action in Uttar Pradesh. A bench headed by Justice BR Gavai will hear the matter. During the hearing on June 29, Solicitor General Tushar Mehta said that Jamiat had filed its reply yesterday. It has been said about some new cases which were not part of the main petition. In such a situation, they should get time to answer them. Following that, the court ordered that the hearing be postponed until July 13.
Jamiat-Ulema-Hind has filed a reply in the Supreme Court saying that it is wrong to call it a routine action. Jamiat has said that the Chief Minister of UP himself gives a statement of bulldozer action to teach a lesson. Jamiat has said that the demolished house in Prayagraj was in the name of Javed’s wife. The house was demolished in Saharanpur without notice because the son of his tenant was accused of rioting. In this case, the UP government has filed an affidavit accusing the Jamiat of giving the wrong colour to the matter. The UP government has said that the order to break those who took action was issued several months ago. He was given a long time to withdraw himself. The riot has nothing to do with the action of the bulldozer. His case is different.
Earlier, on June 16, the court had issued a notice to the UP government and directed it to file a reply. The court had said that the entire process should be followed in removing illegal construction. During the hearing, advocate CU Singh, appearing for Jamiat Ulema Hind, had said that the action of the bulldozer in Delhi’s Jahangirpuri was stayed by the Supreme Court. In this case, notice was given to the UP government, but in the absence of an interim order, it was vandalised in UP.
According to CU Singh, this is a malicious matter. Those whose names are mentioned in the FIR have had their properties demolished selectively. He said that Section 27 of the Uttar Pradesh Municipality Act provides for giving notices as per the urban planning Acts across the country. At least 15 days will have to be given to remove the illegal construction. It can be demolished only if action is not taken for 40 days. Victims can appeal before the chairman of the municipality. There are other constitutional remedies.
The UP government has rejected the allegations that notices were not served before the demolition of illegal constructions in Prayagraj and Kanpur. The state government’s counsel, Harish Salve, said that all the procedures have been followed. Solicitor General Tushar Mehta, on behalf of the Uttar Pradesh government, had said that we had filed an affidavit after the earlier order in Jahangirpuri. The petition has not been filed by any of the affected parties. The petition was filed by the petitioner, who is not the affected party.