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Rights

MP: Home of 57-Year-old Widow Razed for Crime of Grandson Who Lives in Another Ward

Nirasha Nishad says she received a first and final notice of 'illegal encroachment' on April 26 evening, hours before officials turned her home into debris.

MP: Home of 57-Year-old Widow Razed for Crime of Grandson Who Lives in Another Ward

Photo: Kashif Kakvi

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Communalism
Government
Rights
01/May/2022

Bhopal: Looking at the debris of her demolished home for the last four days has left 57-year-old Nirasha Nishad in tears. Her home was demolished on the order of Madhya Pradesh’s Katni district authorities for “not having building plan approved”.

In what is beginning to look like a demolition spree undertaken by the Shivraj Singh Chouhan-led Madhya Pradesh government, Nishad’s home at Savarkar ward of Madhya Pradesh’s Katni district was demolished by the Katni Municipal Corporation on April 27 after the family received a notice the previous evening saying that her grandson Ravi Nishad had illegally occupied government land.

“We have been living in this home for generations, but have never received a single notice. It was on April 26 evening when the municipal corporation dropped the first notice as the ‘last notice’, with Ravi’s name on it, declaring the home ‘illegal’ for not having its building plan approved,” said Nirasha, over the phone.

The Wire couldn’t independently verify whether Nishad’s family had received similar notices from the corporation earlier or not. However, it could confirm that demolition of Nishad’s house was undertaken after a municipal employee delivered an April 19 notice on April 26 evening in Nishad’s neighbour house, as Nirasha was away for her work as a domestic help.

Ravi Nishad is also an accused in a year-old case of molestation, under the Protection of Children from Sexual Offences (POCSO) Act, theft and assault and has been out on bail for months. The family, however, claimed that Ravi, along with his parents and siblings, left home over two decades ago and settled in another ward after a quarrel.

A neighbour informed Nirasha about the notice late April 26 evening after she got home from work.

“You have constructed a home at Savarkar ward which falls under the jurisdiction of Katni Municipal Corporation. You have been asked to submit the ownership and building plan approval but you failed to produce any documents. Hence, you are advised to remove the illegal encroachment within 24 hrs of the notice else the Municipal corporation will remove the illegal construction under section 307 of the Madhya Pradesh Municipal Corporation Act 1956. And you will be solely responsible for it,” the notice said.

The final notice dated April a9 that was delivered to Nirasha on April 26.

Nirasha said that before she could understand anything or consult anyone, two bulldozers arrived at her door with officials and a police force which dragged her out of home. Her home was then transformed into debris in less than 15 minutes.

“They didn’t even give us 12 hours,” she said.

Also read: ‘Cops Suppressed News on Khargone Man’s Death to Ease Way for Demolition Drive’: Fact-Finding Team

“I begged the officials to look at my documents to show them that this home belongs to me, not Ravi. Ravi has lived with his father in another ward for over two decades and I have been living alone since my husband’s demise in 2006. But they turned a deaf ear and turned my home into rubble,” Nirasha cried.

After demolishing the home, the district authorities sent her to an old-aged shelter home. She stayed there for half a day until her daughter Maya Nishad got her out of the shelter by submitting proof of relation.

“After our father’s death, she has been living alone. Six years ago, she sold a small patch of land to Parwati Soni and used that amount to build a two-room earthen tile home to live in peacefully,” said Maya (35), a tailor by profession who lives next to her mother’s home.

According to Katni Sub Divisional Magistrate, Priyanka Chandravat, the demolition of Nirasha Nishad’s home was done on the directive of the state government which has ordered to take strict action against accused persons in cases related to crimes against women.

“Since Ravi has over four cases related to molestation, POCSO, theft and assault, the family had been served notices as they built their home without getting approval of the building plan. The action was taken when they failed to comply with it,” the SDM told reporters.

When questioned about how Ravi did not live there and how he had no legal stake when it came to the property, she replied, “She can lodge her complaint with the municipal corporation. I don’t know about it.”

SDM Chandravat’s explanation for the action has not convinced Ravi Nishad’s advocate Shishir Nigam. Countering her, he said, “There are a total five cases registered against Ravi which are more than a year old and he has secured bail in all the cases. His cases don’t fall under the category of heinous crimes.”

Talking about the legality of the demolition, he asked, “When the cases are sub judice before the court, how can the district administration demolish anyone’s home over just an allegation? Besides, Nirasha Nishad’s home had nothing to do with Ravi. It’s an act of bulldozing the constitution and courts by the district authorities, not just a home.”

He further pointed out that Section 307 of the MP Municipal Corporation Act – under which her home was demolished as per the notice – says the commissioner has the right to take proceedings for a fine in respect of the contravention, and may by notice require the owner either to pull down or remove the work. “They have no right to demolish it the way they razed her home without following the law,” the advocate said.

Since last year, the Madhya Pradesh government has been running an anti-encroachment drive to free up government land from the ‘mafia’. However, the government soon adopted a model of direct demolition of properties against accused persons in different crimes, such as cases related to stone pelting, crime against women, rape and other serious offences. The government has claimed such a model will help break the financial backbone of criminals.

Over the last month, the government’s demolition drive has only intensified. Close to 49 properties were demolished in Khargone and 14 in Sendhwa block of Barwani district on April 11 a day after a communal clash broke out on Ram Navami procession in both districts. Similarly, a home and three shops of Haleem Khan (45) was demolished in Dindori district on April 8 after her son eloped with a 22-year-old Hindu girl. The Jabalpur high court, however, granted her protection after the 22-year-old admitted that she eloped willingly. In addition, homes of four accused were razed in Siwasni village of Raisen district on April 28 after carcasses of four cows were found close to their homes.

Even after four days of the demolition, Nirasha could not bear the pain. She suffered a mild heart attack on the night of April 29 after her health deteriorated. “She woke up every morning, went to the demolition site, looked at the debris and cried all day saying, “Zalimo ne mera ghar kye toda, maine koi gunah nahi kiye, mujhe ghar bana kar wapis do (The broke my house for no fault of mine, build it again and give it back to me).”

Despite repeated attempts, Katni collector Priyank Mishra did not respond to calls and messages. But requesting anonymity, an official said, “Action was taken for violation of Section 307 of the MP Municipal Corporation Act. Due notices were given by Nagar Nigam twice – on March 23 and April 19 – after which the action was taken.”

Ravi’s advocate Shishir Nigam has filed a pro bono writ petition at Jabalpur high court for illegally bulldozing Nirasha’s house. He has also sent a two-page notice to the Municipal Corporation Commissioner Satendra Singh Dhakde, holding him accountable for demolishing the home of a widow, and demanding compensation and revaluation of the illegally demolished home.

(With inputs from Kashif Kakvi)


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