Demolition of riot accused house: Nagpur civic body faces HC heat for violating SC ruling

The Nagpur Municipal Corporation (NMC) move to demolish the houses of the persons named as accused in the recent communal violence in the city has come under Bombay High Court scanner with the court slamming the civic body for its “high-handed approach”.

Besides pulling up the NMC authorities, the HC bench prima facie found the action in gross violation of the Supreme Court’s ruling, wherein a bench led by Justice Bhushan Gavai had held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime, as per a LiveLaw report.

A division bench comprising Justices Nitin Sambre and Vrushali Joshi on Monday questioned why the property owners were not given an opportunity for a hearing before the demolition of the allegedly illegal constructions.

Also read: No more ‘bulldozer justice’: SC slams executive, lays down pan-India rules

Notice issued a day ahead

The court issued notice to the Maharashtra principal secretary and municipal commissioners after observing that it is a violation of the Supreme Court order protecting properties from illegal demolition, Ashwin Ingole, lawyer of Fahim Khan, a key accused in the case, was quoted as saying in media reports.

Interestingly, the NMC had issued a notice to two of the key accused – Fahim Khan and Yusuf Sheikh – for alleged illegal portions of their houses only a day ahead of carrying out the operation. The notice didn’t give the families of the two accused any time to respond and stated that the municipal authorities would start the demolition work within 24 hours. The civic authorities arrived with multiple JCBs and police protection at Khan’s house to begin the demolition work at 10 am on March 24.

The family swiftly moved the Nagpur bench of the Bombay High Court against the demolition. Ingole said the court took up the case for hearing without any delay and directed them to immediately serve a copy of their petition to the civic authorities, which, he claimed, they did even before the NMC had begun the demolition work at 10.30 am. “The case was kept for hearing at 2:30 pm, and this was communicated to the civic authorities. They still went ahead with the demolition, and by the time the case came up for hearing, Khan’s house was already destroyed,” Ingole told The Wire.

‘Can’t initiate action in 24 hrs’

Ingole said that after issuing a notice of demolition, action cannot be initiated within 24 hours and house owners must be given at least 15 days to respond to the notice. The bench said if it concludes that the demolition was carried out illegally then the authorities would have to pay for the damage caused, he claimed.

The division bench reprimanded the NMC for its “highhandedness” and immediately asked them to stop the demolition. While Khan's two-storey house was razed before the court passed the order in the afternoon, authorities halted the demolition of the “illegal” portions of the other accused Sheikh’s house following the HC’s directive.

Also read: Bulldozer justice unknown to any civilised system of jurisprudence: SC

NMC defends move

Significantly, the NMC had defended its move to issue a notice to Khan, citing various lapses and a lack of the building plan approval.

The house, registered in the name of Khan's mother, was located on a plot of Nagpur Improvement Trust (Lease) and the lease ended in 2020, a civic official said. There was no sanction plan for the building and the entire construction was "unauthorised", the official said, adding the action was taken under the Maharashtra Regional and Town Planning Act (MRTP Act).

“We have given the necessary notice before the demolition was undertaken,” NMC Assistant Municipal Commissioner Harish Raut said.