No demolitions without notices, says SC to UP Govt

The Supreme Court on Thursday demanded the Uttar Pradesh government's statement to a petition filed by Jamiat Ulama-i-Hind contesting the state's recent demolition drive against individuals who allegedly participated in protests against BJP spokeswoman Nupur Sharma after she had made remarks against Prophet Muhammad. 

According to Bar&Bench, a Bench of Justices AS Bopanna and Vikram Nath did not issue an interim order today.

While Justice Bopanna remarked at the very outset of the hearing, “demolitions can't take place without notices,” as quoted by LiveLaw, the court still urged the authorities to keep the situation in the state under control until the petition is heard by the Supreme Court on Tuesday, June 21.

The bench was hearing a plea by Jamiat Ulama-i-Hind, that requested the court to issue directions to the State of Uttar Pradesh to ensure that no further demolitions are carried out in the state “without following due process and that any demolition must be done only after adequate notice and opportunity of hearing is given to each of the affected persons," as quoted by Bar&Bench. 

According to Bar&Bench, the plea filed through Advocate Kabir Dixit argued that under Section 10 of the Uttar Pradesh (Regulation of Building Operations) Act of 1958, demolition of a building can only be carried out after the affected person has been given a reasonable opportunity to be heard. The appeal further claims that Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, mandates that the impacted individual be heard before the demolition is carried out and that the affected person be given at least 15 days' notice. In the case of the latest demolitions, the petitioner claimed that none of these rules was observed.

Also representing the petitioners, Senior Counsel CU Singh argued that no due process was followed in the demolition.

"Taking advantage of the fact that notice was issued but interim relief not granted even as status quo was issued in Delhi (Jahangirpuri) matter, spate of demolitions have taken place," he reportedly added in his argument, according to a report by Bar&Bench, drawing reference to the Jahangirpuri demolitions that took place in the month of April in Delhi.

Representing the State of Uttar Pradesh, Solicitor General, Tushar Mehta, argued that the application was not brought by impacted individuals.

"We filed affidavit after earlier order in Jahangirpuri, none of the affected parties filed plea. Even here it's some Jamiat. We made clear no legal structure was demolished," he added while arguing that the demolitions were in due accordance with the law, as reported by Bar&Bench.

Also appearing for the State of Uttar Pradesh, Harish Salve argued that due process was followed in the demolitions carried out. According to the Bar&Bench report, the senior counsel argued in court saying, “media picks this up and hypes it to say that a blanket order should be passed. My Lords, give us time to place this on affidavit. Why should a generic order be passed?"

The Supreme Court Bench, however, insisted that while they cannot prohibit demolitions, they can only declare that they must be carried out in accordance with the law.

"Respondents will get time for their objections. We should ensure their safety in the meantime. Let us be clear, they are also part of society. Ultimately when someone has a grievance, they have a right to have it addressed," the court reportedly said on the matter. 

The hearing has been rescheduled for Tuesday, June 21.

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Also read: Maha police files cases against 200 people for protesting against Nupur Sharma's supporters