You are here: Home » Current Affairs » News » National
Business Standard

To give mala fide colour: UP govt to SC on plea against demolition

The Uttar Pradesh government told the Supreme Court that the plea against the recent demolition of houses is an attempt to give a mala fide colour to a lawful action taken

Uttar Pradesh | UP government | Supreme Court

IANS  |  New Delhi 

'Illegally constructed' house of Prayagraj violence-accused demolished

The government has told the that the plea against the recent demolition of houses is an attempt to give a mala fide colour to a lawful action taken by the local development authorities as per the procedure established by law.

The state government in an affidavit, said: "Lawful action was taken by the local development authorities as per the procedure established by law."

It added that the plea filed by the Muslim body Jamiat Ulama-I-Hind cherry-picked one-sided media reporting of a few incidents and extrapolating sweeping allegations from the same against the state government.

"It is submitted that the said demolitions...have been carried out by the local development authorities, which are statutory autonomous bodies, independent of state administration, as per law as part of their routine efforts against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972," said the affidavit.

The state government justified demolitions, which were carried out in Prayagraj and Kanpur following protests against the BJP leaders' remarks on Prophet Muhammad.

The state government said that allegations are completely false and misleading, and none of the actual affected parties have moved the top court in connection with the lawful demolition actions. It further added that the petitioner has deliberately obfuscated the true facts to paint a nefarious picture of alleged mala fides on the part of the administration, and that too, without stating any facts on affidavits.

"The petitioner, Jamiat Ulama-I-Hind, has failed to place on record the facts duly supported by affidavits and has merely hand picked certain media, reporting to make unfounded allegations against the state machinery and its officers, and seeks sweeping omnibus reliefs unfounded in either law or fact," the government said.

The state government, in connection with the demolition carried out in Kanpur, said the factum of the constructions being illegal, has also been admitted by the two builders over there. Also, in the case of demolition of Javed Mohammed's house, the state government said local residents complained against the illegal constructions and use of the residential property for commercial purposes for running the office of 'Welfare Party of India'.

The state government added, "In so far as taking action against the persons accused in rioting is concerned, the state government is taking stringent steps against them in accordance with completely different set of statutes, namely: Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), UP Gangster and Anti Social Activities (Prevention) Act, 1986, Prevention of Public Property Damages Act; and (iv) Recovery of Damages to Public and Private Property Act, 2020 and Rules 2021."

The Muslim body Jamiat Ulama-i-Hind, moved the top court against the recent demolitions carried out by the state administration in Kanpur and Prayagraj.

The top court, on June 16, had told the Uttar Pradesh government that demolitions of houses must be done in accordance with the law and not as a retaliatory measure and sought response from it.




(Only the headline and picture of this report may have been reworked by the Business Standard staff; the rest of the content is auto-generated from a syndicated feed.)

Dear Reader,

Business Standard has always strived hard to provide up-to-date information and commentary on developments that are of interest to you and have wider political and economic implications for the country and the world. Your encouragement and constant feedback on how to improve our offering have only made our resolve and commitment to these ideals stronger. Even during these difficult times arising out of Covid-19, we continue to remain committed to keeping you informed and updated with credible news, authoritative views and incisive commentary on topical issues of relevance.
We, however, have a request.

As we battle the economic impact of the pandemic, we need your support even more, so that we can continue to offer you more quality content. Our subscription model has seen an encouraging response from many of you, who have subscribed to our online content. More subscription to our online content can only help us achieve the goals of offering you even better and more relevant content. We believe in free, fair and credible journalism. Your support through more subscriptions can help us practise the journalism to which we are committed.

Support quality journalism and subscribe to Business Standard.

Digital Editor

First Published: Wed, June 22 2022. 12:26 IST