Representing the petitioner Malik, former Union Minister and esteemed advocate Salman Khurshid argued against the manner in which the demolition notice was issued.
Thank you for reading this post, don't forget to subscribe!
The Uttarakhand High Court was the venue for a significant legal battle concerning urban development and property rights.
On Wednesday, February 14, the court deliberated on a petition that contested a notice issued by the Municipal Corporation of Haldwani. This notice demanded the removal of what was deemed an encroachment on Safia Malik’s garden located in the Banbhulpura area, a matter that has stirred considerable controversy and unrest in the region.
The heart of the dispute lies in a piece of land that, according to the petitioner, was leased by the then-government back in 1937. The petition, filed by Safia Malik, aimed to challenge the municipal authority’s directive to dismantle structures on the contested land, arguing that the notice was not in line with procedural norms.
Representing the petitioner Malik, former Union Minister and esteemed advocate Salman Khurshid argued against the manner in which the demolition notice was issued, suggesting it was irregular and unjustified.
On the other side of the courtroom, the government’s perspective was presented by Advocate General S.N. Babulkar, who contended that the leaseholder had breached the lease’s conditions.
According to Babulkar, the lease was explicitly granted for a duration of 10 years and was intended solely for agricultural purposes, a stipulation that the current use of the land seemingly contravened.
The case has not only highlighted the legal intricacies of lease agreements and municipal regulations but has also underscored the tensions that can arise when urban development initiatives clash with historical land use rights.
The situation in Banbhulpura, Haldwani escalated to a point of significant violence on February 8, prior to the court hearing, as efforts to enforce the removal of the encroachment led to public disorder. The confrontation resulted in vehicles being torched and numerous police officers sustaining injuries from stone-pelting incidents. Tragically, the unrest claimed the lives of six individuals, prompting the imposition of a curfew in the area deemed sensitive due to its volatile atmosphere.
The proceedings in the Uttarakhand High Court, under the gavel of Senior Justice Manoj Kumar Tiwari, have thus far not yielded relief for the petitioner.
The court has instead issued a directive for the state government to submit a comprehensive reply to the petition within a six-week timeframe. .
As the case unfolds, it serves as a reminder of the delicate balance that must be maintained between respecting historical land leases and addressing the needs of contemporary urban development. The outcome of this legal challenge will likely have far-reaching implications, not just for the parties directly involved but also for the principles governing land use and municipal authority in Uttarakhand and beyond.