The Nagpur bench of the Bombay High Court Monday stayed the demolition of houses of the accused in the recent violence in the city, hours after the Nagpur Municipal Corporation (NMC) razed the house of key accused Fahim Shahim Khan.
The high court issued the order at around 2.30 pm but the civic body had already razed the house of Fahim Khan, who was booked for sedition in connection with the Nagpur violence, due to alleged illegal encroachment.
Fahim Khan was earlier issued a notice regarding certain unauthorised portions of the structure in Sanjaybag Colony.
Officials said they also demolished a room and two balconies constructed illegally at the house of another accused, Yusuf Sheikh, later on Monday.
Sheikh was named in the first FIR filed by Ganeshpeth police in connection with the violence.
The court issued notice to the Maharashtra principal secretary and municipal commissioners after observing that it is a violation of Supreme Court order protecting properties from illegal demolition, Ashwin Ingole, an advocate at the high court, told The Indian Express.
The court also gave oral instructions to the Nagpur civic officials to immediately stop the demolition.
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The court will make a decision on April 15 after reviewing the officials’ responses to determine if they complied with all rules and regulations.
Fahim Khan, a city leader of the Minorities Democratic Party (MDP), was arrested on March 19 in connection with the violence that erupted in Nagpur on March 17 over rumours that a holy book had been desecrated during a demonstration by right-wing outfits seeking the removal of the tomb of Mughal emperor Aurangzeb in Khuldabad.
According to a notice issued earlier by NMC, only two illegal portions of 43.24 sq m on the ground floor and 43.24 sq m on the first floor of Khan’s house were to be demolished.
On Monday, security forces were present at the spot to maintain law and order.
Speaking to reporters, Harish Raut, Assistant Commissioner of Ashi Nagar Zone, however, said the illegal construction spanned nearly 1,000 sq ft and the action was taken after they received a letter from the Nagpur police.
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There were also orders from senior authorities, he added. Raut said the illegal construction was in the name of Mehrunnisa Shamim Khan.
Its blueprint was not sanctioned and a notice was issued to the family that action would be taken in 24 hours, he stated, adding that a JCB and a Poclain machine were used for the demolition. The family members had already vacated the house and were not seen on the site.
Sanjay Patil, Additional Commissioner of Police (Crime), Nagpur, said Fahim Khan’s house was demolished due to illegal encroachment.
“The police took care of all the security measures while civic authorities executed the demolition. One assistant commissioner of police, one deputy commissioner of police, 15 officers and over 150 police personnel were a part of the security team. This also included two State Reserve Police Force (SRPF) platoons and two Riot Control Police (RCP) platoons. The entire action was conducted peacefully. Normalcy is gradually returning to Nagpur and the police security measures will remain in place,” he said.
Meanwhile, Ayaz, brother of Yusuf Sheikh, said that he was the owner of the house, of which portions were razed by the NMC.
Ayaz alleged that they received a notice from the civic body on March 22 and the NMC refused to accept the documents regarding the property.
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“When I told them that my plan had been sanctioned, I was told to submit the papers in the office. When we went to the office, officials refused to take an application. When we went on Monday, they had already given an order of demolition and by the time I reached here, around 11 am, they had started demolition of the property,” Ayaz said.
Ayaz also alleged that the civic officials doubled the workers when he told them that they have approached the HC.
“At around 2 pm, when the high court issued the notice, we got a stay. However, we have suffered significant losses, both financially and to our reputation,” Ayaz said.
Advocate Ingole said that after issuing a notice of demolition, actions cannot be taken within 24 hours and house owners must be given at least 15 days to respond to the notice.
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“The officials concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages”, said Ingole, referring to the Supreme Court order.
Ingole stated that when the court reviews the officials’ response on April 15, any identified issues could lead to a contempt case being referred to the Supreme Court. The court specifically stated that if more such demolitions occur, officials would be summoned, added Ingole.
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