Chhatrapati Sambhajinagar: The Bombay High Court on Monday strongly criticized the Chhatrapati Sambhajinagar Municipal Corporation for demolishing properties linked to AIMIM corporator Mateen Patel and resident Hanif Khan. The court termed the action as arbitrary and a clear violation of the guidelines laid down by the Supreme Court and the High Court.
Court's Observations
A division bench led by Justice Siddheshwar Thombre observed, "Constructing a house is not an easy task. Everybody cannot afford to build a house like you and me. Don't allow bulldozer culture to enter Maharashtra. This is not UP or Bihar." The bench emphasized that mandatory safeguards, including a 15-day notice period prescribed by the Supreme Court, were not followed during the May 13 demolition drive.
Violation of Guidelines
The High Court noted that the municipal corporation acted in haste without adhering to the due process of law. The demolition was carried out without providing the affected parties an opportunity to be heard, which is a fundamental requirement under the law. The court's remarks underscore the need for authorities to follow legal procedures strictly, especially when it comes to demolishing properties.
Impact on Residents
The court highlighted the hardships faced by ordinary citizens who invest their life savings in building a home. "Everyone cannot afford to build a house like you and me," the bench remarked, pointing out the socioeconomic disparities. The court's intervention serves as a reminder that the law must protect the rights of all citizens, irrespective of their background.
Background of the Case
The demolition drive on May 13 targeted properties belonging to Mateen Patel, an AIMIM corporator, and Hanif Khan, a local resident. The affected parties approached the High Court, arguing that the demolition was carried out without prior notice and in violation of Supreme Court directives. The court's strong observations come as a relief to the petitioners and send a clear message to municipal authorities across the state.
Legal Precedents
The Supreme Court has repeatedly held that no demolition should be carried out without giving the affected party a 15-day notice and an opportunity to be heard. The High Court's ruling reinforces these principles and warns against the growing trend of "bulldozer culture" in some states. The bench made it clear that Maharashtra must not follow such practices.
Next Steps
The High Court has directed the municipal corporation to file a reply and has scheduled the next hearing for further proceedings. Meanwhile, the affected residents have been granted interim protection from any further demolition. The case is being closely watched as it could set a precedent for similar disputes across the state.
