HC stays demolition of house of Nagpur riots ‘mastermind’, raps civic authorities for ‘high-handedness’-OxBig News Network

The two-storey residence of Fahim Khan, an alleged mastermind behind the communal violence in Nagpur on March 17, was flattened on Monday by local civic authorities which claimed that the house was constructed illegally.

The operation, which involved bulldozers and a heavy police presence assisted by drones, also saw the removal of an illegally constructed balcony at the house of another accused, Yusuf Sheikh, in the Mahal area where the riots occurred.

Just hours after the demolition began in the morning, the Nagpur Bench of the Bombay High Court intervened, issuing a stay on the demolitions and criticising the administration for its “high-handedness.”

While Khan’s house was razed prior to the court’s intervention, officials stopped work on the illegal structures at Sheikh’s home following the directive.

Both Khan and Sheikh had appealed to the High Court earlier on Monday, requesting an urgent hearing against the demolition orders.

A Division Bench comprising Justices Nitin Sambre and Vrushali Joshi questioned why the property owners were not given an opportunity for a hearing before the demolition of the allegedly illegal constructions.

Advocate Ashwin Ingole, representing Khan, said the court had ordered a response from governmental and civic authorities, with the next hearing scheduled for April 15. The Bench indicated that if determined that the demolition was conducted unlawfully, the authorities might be liable for damages, Ingole claimed.

According to civic officials, prior to the demolition, Khan received a notice citing multiple violations, including the lack of an approved building plan — a necessary requirement for construction. The Nagpur Municipal Corporation began the demolition at approximately 10:30 am. Nagpur civic commissioner Harish Raut told reporters at the demolition site that they were acting on directives from the police and senior officials regarding the property illegally constructed on an expired lease from the Nagpur Improvement Trust.

Maharashtra Minister Pratap Sarnaik, reacting to the demolition in Nagpur, said those involved in inciting violence should face severe punishment, suggesting, “a bulldozer should be run over him (Khan), not his house.”

The Supreme Court had in November issued a slew of measures against use of bulldozers which included 15 days prior notice of demolition to the occupants and made it clear that any violation of the directions would lead to contempt action against the officials responsible and their prosecution. However, the SC had said these directions would not be applicable in case of encroachment into public property or if the demolition was ordered by a court. — PTI