The Allahabad High Court has granted residents of Maharajganj village in Bahraich district, Uttar Pradesh, a 15-day period to respond to demolition notices issued by the Public Works Department (PWD) in the aftermath of recent communal violence. This interim order was made during a hearing of a petition that claimed the notices were illegal. The bench raised concerns regarding the lack of clarity in the notices about construction approvals and provided extra time for the chief standing counsel to collect necessary information.
The Allahabad High Court granted residents of Maharajganj village in Uttar Pradesh's Bahraich district a 15-day period to respond to demolition notices issued by the Public Works Department (PWD) following communal clashes in the area last week. A special division bench comprising Justices Subhash Vidyarthi and A.R. Masoodi issued the interim order while hearing a petition from the Association for Protection of Civil Rights (APCR).
The petition argued that the state government's issuance of the notices was illegal and that the demolition actions violate the Supreme Court's recent directives, which restrict bulldozer actions except in specific cases. The PWD notices were affixed to 23 structures, 20 of which belong to Muslims, after allegations that these structures were involved in the violence that resulted in the death of Ram Gopal Mishra, 22.
The notices indicated that no structure is permitted within 60 feet from the centre of the major district road in rural areas without prior approval, requiring the residents to provide documentation for their constructions within three days or to remove the structures themselves.
The bench, which has set a hearing for October 23, expressed concern over the short timeframe of three days given for residents to respond to the notices. They noted that the notices do not clearly indicate how many houses on kilometre 38 of the Kundasar-Mahasi-Nanpara-Maharajganj district road have received proper authorisation for construction, suggesting that this ambiguity may need clarification.
The bench stated that, without commenting on the merits at this stage, they would grant the chief standing counsel three days to obtain complete instructions. They also indicated that if a reply to the notice is filed within 15 days, the competent authority would consider and decide the matter by issuing a reasoned order.
In conclusion, the Allahabad High Court's decision underscores the need for due process and clarity in legal actions, especially in sensitive situations following communal unrest. The emphasis on providing residents with adequate time to respond reflects a commitment to upholding civil rights and ensuring transparency in governmental procedures. The upcoming hearing on October 23 will be crucial in determining the next steps.
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