MEERUT: Emphasizing that “no home should be demolished without due process,” a division bench of Justices Ajit Kumar and Satyavir Singh from the Allahabad High Court (HC) has put a stop to the demolition of 27 homes in the Shahabad area of Bareilly, instructing city officials not to take any coercive actions “until a final order is issued by the competent authority.”
The bench closed the writ with explicit instructions: “Each petitioner is required to submit an individual reply within four weeks, and the relevant authority must address the matter within two months, providing a reasoned, speaking order after a personal hearing. Until this occurs, or for three months, whichever is sooner, no demolitions may proceed. The order must be communicated to officials in Bareilly.” A copy of the order has been reviewed by TOI.
The case was brought before the court after residents received notices on October 9, declaring their homes “illegal” and mandating that they vacate and demolish their structures within 15 days. Petitioners argued that the Bareilly Municipal Corporation (BMC) had collected taxes for years, contradicting its claim of illegality.
Although the HC issued its stay order on November 13, BMC officials reported delays in receiving the order through official channels. “We were aware of the situation, but it takes time for the formal copy to reach us, which is why no action was taken,” said Municipal Commissioner Sanjeev Kumar Maurya to TOI on Saturday. The petitioners received the order on December 2, prompting them to quickly request the civic authority to halt the demolition process.
“This decision is a significant relief, as we feared that bulldozers would arrive at any moment and render us homeless. We hope for favorable outcomes in the future as well,” expressed resident Rukhsana Parveer.
In October, the BMC informed residents that the 27 homes were constructed illegally on municipal land and warned of potential FIRs and recovery of demolition costs. This action came following violence near Islamia Grounds during protests related to the ‘I Love Muhammad’ controversy, which led authorities to crack down on alleged illegal structures associated with local cleric Tauqeer Raza and his associates.
A similar directive was issued by the Supreme Court recently, which ordered an immediate halt to the demolition of ‘Aiwan-e-Farhat’, a marriage hall owned by Farhat Jahan and her husband Sarfaraz Wali Khan, granting them a “seven-day” reprieve. The apex court instructed petitioners to approach the Allahabad HC, stating, “No further demolition should occur until then.”
(Inputs from Krishna Chaudhary & Asif Ansari)
