In a significant ruling emphasizing the rule of law, the Allahabad High Court has intervened to stop the planned demolition of 27 houses in Bareilly. A division bench comprising Justices Ajit Kumar and Satyavir Singh issued a clear directive, stating that no home can be demolished without due process, and put an immediate stay on the civic action in the Shahabad area of Prem Nagar.
Court's Directives and Timeline for Resolution
The bench, while disposing of the writ petition, laid down a specific procedure to be followed. The court ordered that each affected petitioner must file an individual reply to the notices within a period of four weeks. Subsequently, the competent authority, which is the Bareilly Municipal Corporation (BMC), has been instructed to decide the matter within two months.
This decision must come in the form of a reasoned and speaking order after granting a personal hearing to the residents. Crucially, the court mandated that no demolition can take place until this final order is passed, or for a period of three months, whichever is earlier. The High Court's stay order was officially issued on November 13.
Residents' Plight and Legal Argument
The legal battle began after residents received notices from the BMC on October 9. These notices declared their homes illegal and ordered them to vacate and demolish their own structures within 15 days. The petitioners brought a compelling counter-argument to the court, pointing out that the BMC had been collecting property taxes from them for years. They contended that this act of accepting taxes fundamentally contradicted the corporation's sudden claim that the structures were illegal.
"It is indeed a big relief for now as we thought bulldozers would roll in anytime to make us homeless. Hope things work in our favour in future too," said Rukhsana Parveer, one of the affected residents. The petitioners finally received the copy of the court's protective order on December 2, after which they immediately approached the civic body to halt any action.
Official Response and Broader Context
Bareilly Municipal Commissioner Sanjeev Kumar Maurya acknowledged the court's order, explaining that while officials were aware of it, the formal copy took time to reach through official channels. "We were aware of it, but the formal copy takes time and hence no action took place," Maurya stated on Saturday.
The BMC's demolition drive against these 27 houses was initiated on the grounds that they were built illegally on municipal land. The October notices had also warned of potential FIRs and recovery of demolition costs from the owners. This action was part of a larger crackdown following the September 26 violence near Islamia Grounds during protests related to the 'I Love Muhammad' row. Authorities had targeted alleged illegal structures and violations linked to local cleric Tauqeer Raza and his associates.
In a related development, the Supreme Court also issued a similar direction on Thursday. The apex court ordered an immediate pause on the demolition of 'Aiwan-e-Farhat', a marriage hall in Bareilly, granting its owners a seven-day relief and directing them to approach the Allahabad High Court.
The High Court's firm stance on due process offers a temporary reprieve to the anxious families and sets a judicial precedent for handling such disputes, ensuring authorities cannot act without a fair and transparent hearing.
