Follow process of law to raze illegal structures, Pinnacle court tells province



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The Supreme Court on Thursday told the UP government to follow the method of law in demolishing illegal structures after Jamiat Ulama-I-Hind complained that the chief minister-backed policy is to illegally retaliate with bulldozers on properties of minority community members booked in cases of rioting, stone-pelting and goondaism.

The SC didn't stay further demolition of alleged illegal structures within the state, as fervently sought by the Jamiat through electric battery of seasoned lawyers. 

However, a vacation bench of Justices AS Bopanna and Vikram Nath firmly told the Yogi Adityanath government that “no (future) demolition will occur without following the method of law”.

“The court must come to the rescue of citizens as ultimately, the Rule of Law must prevail. 

The drive against illegal structures and encroachments must not appear as targeting one community,” the bench said.

Mehta asked, “Can the Supreme Court, on the idea of unverified claims in a very PIL and with none aggrieved party making any complaint, pass an interim order that rule of law should prevail within the country? Can it say the method of law should be followed with none person filing an affidavit alleging that the govt. failed to follow the same?” 

Supplementing the SG’s vehement questioning of Jamiat’s locus standi in absence of a person aggrieved by the demolitions, senior advocate Harish Salve launched the factual ground position on behalf of Prayagraj and Kanpur development authorities.

It sought responses within three days from the state and also the development authorities of Prayagraj and Kanpur, where three incidents of demolition of alleged illegal structures, purportedly belonging to riot accused, had been widely reported and quoted by Jamiat as proof of targeting of a specific community. The bench scheduled further hearings next week.