In a significant ruling emphasizing the rule of law, the Allahabad High Court has intervened to protect the homes of several families in Bareilly. A division bench has issued a stay order, halting the planned demolition of 27 houses in the Shahabad area's Prem Nagar locality. The court underscored a fundamental legal principle: no home can be demolished without following due process of law.
Court's Directives and Timeline for Resolution
The bench, comprising Justices Ajit Kumar and Satyavir Singh, disposed of the writ petition with clear and time-bound directions. The court has instructed each affected petitioner to file an individual reply to the civic body's notice within four weeks. Following this, the competent authority, the Bareilly Municipal Corporation (BMC), must decide the matter within two months.
The civic body's decision must come in the form of a reasoned, speaking order, issued only after granting a personal hearing to the residents. Crucially, the court ordered that no coercive demolition action can be taken until this final order is passed, or for a period of three months, whichever is earlier. The High Court's order was to be formally communicated to the Bareilly officials.
Residents' Plight and Contradictory Tax Collection
The legal battle reached the High Court after residents of Prem Nagar received sudden notices from the BMC on October 9. These notices declared their homes "illegal" and gave them an ultimatum to raze their own structures within 15 days. Challenging this, the petitioners presented a key argument in court: the Bareilly Municipal Corporation had been collecting property taxes from them for years.
This act of tax collection, the residents argued, fundamentally contradicted the BMC's own claim that the structures were illegal and built on municipal land. The court's stay order was officially issued on November 13, though it took time to reach the concerned parties through official channels. The petitioners themselves received the order on December 2, after which they urgently approached the civic authority to stop any demolition exercise.
Official Response and Context of the Action
When contacted, Bareilly Municipal Commissioner Sanjeev Kumar Maurya acknowledged the court's order. He stated that while officials were aware of it, the formal copy took time to arrive, and hence no action was taken in the interim. The demolition drive against these 27 houses was initiated by the BMC in October, with notices warning residents of potential FIRs and recovery of demolition costs.
This administrative action came in the backdrop of violence on September 26 near Islamia Grounds during protests related to the 'I Love Muhammad' row. Following the unrest, authorities had launched crackdowns on alleged illegal structures and violations, some linked to local cleric Tauqeer Raza and his aides. The High Court's intervention has now provided a crucial breather to the residents, ensuring their right to a fair hearing is upheld before any drastic action is taken.
