Bahraich violence: ‘No reason to believe UP govt won’t follow SC order,’ says HC

The Lucknow bench of the Allahabad high court on Sunday directed the state government counsel to seek complete instructions in the demolition process in the Bahraich violence case and place the government’s response on October 23 even as the court granted 15 days’ time to affected persons to respond to the demolition notices.
Earlier, the occupants were asked (in the notices issued on October 17 and pasted on their houses on October 18) to respond to the notices within three days.
“We expect the persons faced with the notices to participate with the proceedings in the meantime. We further provide that in case they file their reply to the notice within a period of 15 days from today, the competent authority shall consider and decide the same by passing a speaking and reasoned order which shall be communicated to the parties aggrieved.” the court ordered as it fixed October 23 as the next date of hearing in a PIL petition challenging the demolition notices.
The order was passed by a division bench of Justice Attau Rahman Masoodi and Justice Subhash Vidyarthi on a public interest litigation(PIL) petition filed by the Association For Protection Of Civil Rights through its vice president (UP East Chapter).
“The Apex Court insofar as the demolition of constructions is concerned has already taken cognizance of a larger issue and the following order has already been passed by the Apex Court in Writ Petition (Civil) No.295 of 2022 on 17.09.2024,” the court said.
“We have no reason to believe that the order passed by the apex court shall not be carried out by the State of Uttar Pradesh in letter and spirit. Evidently, unauthorized structures in any public place such as roads, streets, footpath, abutting railway line or any river body or water bodies and also cases where there is an order for demolition made by a court of law are the exceptions to the general rule,” it further said.
The petitioner sought directives to restrain the respondent state authorities from proceeding with the demolition of properties belonging to individuals from one particular community in Bahraich.
“Such demolition proceedings are being carried out under the guise of illegal and arbitrary notices dated October 17, 2024, despite there being no valid encroachment on public roads,” the petitioner claimed while seeking directives to quash the said notices.
Opposing the plea, the chief standing counsel for the state government Shailendra Kumar Singh raised objections saying that notices had been issued against unauthorised constructions which were constructed after encroachment.
He contended that notices issued have been challenged in the PIL, hence the PIL was not maintainable in the matter and liable to be dismissed.
The court said, “Leaving the question of maintainability of the present writ petition open, for which the learned Chief Standing Counsel is granted time to file written objections, if any, within a period of three days from today, we proceed to pass the following order.”
“In the present case, we find that on kilometer-38, of Kundasar-Mahasi-Nanpara-Maharajganj, District Road some notices have come to be issued to some persons for raising unauthorized constructions. The notices are issued to the persons concerned for participation in the proceedings through a reply to be submitted by them within three days,” the court said.
“It is unclear in the pleadings as to whether the persons aggrieved have filed any reply or have approached any forum or not. In any case, notices issued against a limited number of persons who are to participate in the proceedings cannot be viewed to be a matter of general public importance, which may be taken cognizance of in a public interest litigation unless the vulnerability of an aggrieved person is such that he is established to be the one who is unable to approach the court for availing the remedy available under law” the court added.
“Leaving all these aspects of the matter open, what pricks to the conscious of this court is the issuance of notices to submit the reply within a short span of three days. As to what number of houses situated on kilometer-38, of Kundasar-Mahasi-Nanpara-Maharajganj, District Road have been duly authorized for construction is also not much evident from the notice which may require clarity,” the court ordered.
“Without observing anything on the merits at this stage, as already observed, we grant three days’ time to the Chief Standing Counsel to obtain complete instructions. The position as to the category of road and norms applicable may be clarified on the next date fixed,” the court said.