In response to a petition, a special bench of the High Court convened on Sunday evening to address the imminent demolition of allegedly illegal structures in Bahraich. The court issued an interim order, temporarily halting the state authorities from proceeding with the bulldozer action. The accused have been granted 15 days to respond to the demolition notices.
In a significant relief for individuals who had been issued demolition notices for unauthorized structures along the Kundasar-Mahasi-Nanpara-Maharajganj road in Bahraich, the Allahabad High Court extended the deadline for submitting responses by 15 days.
The Lucknow bench of the court permitted those affected to file their replies within this extended period and directed the state authorities to carefully review the submissions before passing a reasoned decision on the matter.
The court scheduled the next hearing for October 23.
This ruling came from a bench comprising Justices A.R. Masoodi and Subhash Vidyarthi, in response to a public interest litigation (PIL) filed by the Association for Protection of Civil Rights. In response to the urgency of the situation, a special bench was convened on Sunday evening, and an interim order was issued, effectively halting the state’s plans to proceed with the demolition of the alleged illegal structures.
The plea argues that the Uttar Pradesh government issued the demolition notices unlawfully and that its actions violate the Supreme Court’s recent directives, which restrict the use of bulldozers for demolitions except in specific cases.
Representing the state government, Chief Standing Counsel (CSC) Shailendra Kumar Singh countered that the PIL was not maintainable.
After hearing the arguments, the bench expressed concern, stating,
“Leaving all the aspects of the matter open, what pricks the conscious of this court is the issuance of notices to submit the reply within a short span of three days.”
The court also highlighted the lack of clarity regarding how many houses along kilometre-38 of the Kundasar-Mahasi-Nanpara-Maharajganj road had received proper authorization for construction.
It noted,
“Without observing anything on the merits at this stage, as already observed, we grant three days’ time to the CSC to obtain complete instructions.”
The court emphasized the need for clarity on the applicable road category and relevant norms, stating,
“The position as to the category of the road and norms applicable may be clarified on the next date.”
It further expressed its expectation that those who have received demolition notices would engage in the proceedings.
The court added,
“We further provide that in case they file their replies to the notices 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.”
This case also comes in the context of recent tensions in the area, as Ram Gopal Mishra (22) from Rehua Mansoor village tragically died from a gunshot wound on October 13 during a communal altercation sparked by music being played during a procession in Bahraich district.
Additionally, demolition notices were served to 23 establishments in the area, including 20 owned by Muslims, by the public works department (PWD).
The Public Works Department (PWD), On Friday, conducted inspections in the Maharajganj area, measuring around 20-25 houses, including the residence of Abdul Hamid, one of the individuals accused in the killing of Ram Gopal Mishra.
The demolition notices issued under the provisions of the Road Control Act, 1964.