New Delhi: The Uttar Pradesh government on Tuesday submitted before the Supreme Court that it would not take any bulldozer action against the accused allegedly involved in violence and rioting in Bahraich district, as the court agreed to hear tomorrow a plea challenging the proposed state action.
The matter was mentioned for urgent hearing before a bench comprising justices B R Gavai and K V Vishwanathan. The bench told additional solicitor general K M Nataraj, representing the Uttar Pradesh government, not to take any action till Wednesday. “We will not do anything,” Nataraj said.
During the hearing, senior advocate C U Singh and other counsel submitted that the state government has proposed to take action against those allegedly involved in rioting on the ground that their construction is illegal.
Justice Gavai, citing an order earlier passed by the apex court, said: “If they (state government) want to take the risk of flouting these orders, that's their choice”.
The state government counsel pointed out that a petition is already pending before the Allahabad High Court and 15 days notice was given. A counsel informed the bench that the high court has not granted any protection, and added that, "today, there is clear violation of your lordships order. Some people have approached the high court…"
Justice Gavai asked the applicant's counsel, notices were issued under what? Under municipal laws? "One house is 10-year-old, the other house is 25-years-old, and one is 70-years-old," an applicant’s counsel said.
Nataraj said the government has already informed the high court that 15 days notice will be given and the court has recorded it. The counsel said there is no stay and the question of maintainability of the Public Interest Litigation(PIL) before the high court is left open.
Justice Gavai, while pointing at the finding of the high court, asked the applicant’s counsel, the construction on the road? The counsel replied that this is a rural area. Justice Gavai made it clear that construction on the public road is not allowed. The counsel clarified that it is not on the road.
The bench agreed to hear the matter on Wednesday and the state counsel concurred that no action would be taken till then.
The UP Public Works Department (PWD) issued demolition notices to three people allegedly involved in communal violence in a village in Bahraich district over music being played during a religious procession. One person, Ram Gopal Mishra (22) was killed by gunshot injuries. The apex court on October 1, had extended its September 17 order prohibiting the use of bulldozers by states for demolition of a property of an accused in a criminal case, without permission of this court. The apex court had reserved its verdict on laying down guidelines for bulldozer action. However, the apex court had exempted action on encroachments on public roads, footpaths, railway lines, or water bodies.
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