Bulldozer case: UP govt files affidavit in SC in petition filed by Jamiat Ulama-I-Hind

In fact, the factum of the constructions being illegal, has also been admitted by the two builders in Kanpur. Pertinently, none of the actual affected parties, if any, have approached this Court in relation to the lawful demolition actions, the UP Government said in its affidavit filed before the Supreme Court.

The UP Government, in its affidavit copy said that the petitioner, Jamiat Ulama-I-Hind, has attempted to give a mala fide colour to lawful action taken by the local development authorities as per procedure established by law by cherry picking one sided media, reporting of a few incidents and extrapolating sweeping allegations from the same against the State.

"The same, it is submitted, is completely false and misleading," the UP Government in its detailed affidavit said.

The petition filed by Jamiat-E-Ulema is expected to be heard by the Supreme Court tomorrow or on Friday, as the SC had in its order on June 16, had made it clear that it will take up the matter for further hearing next week.

The affidavit of UP said that the demolitions referred to in the IAs (Intervention Application) have been carried out by the Local Development Authorities, which are statutory autonomous bodies, independent of the State administration, as per law as part of their routine effort against unauthorised/illegal constructions and encroachments, in accordance with the UP Urban Planning and Development Act, 1972.

"The Petitioner, Jamiat Ulama-I-Hind, has failed to place on record the above facts duly supported by affidavits and has merely hand picks certain media, reporting to make unfounded allegations against the State machinery and its officers, and seeks sweeping omnibus reliefs unfounded in either law or fact," the petition filed by UP Government said.

In so far as taking action against the persons accused in rioting is concerned, the State Government is taking stringent steps against them in accordance with completely different set of statutes, namely: Code of Criminal Procedure (CrPC), the Indian Penal Code (IPC), UP Gangster and Anti Social Activities (Prevention) Act, 1986, Prevention of Public Property Damages Act; and (iv) Uttar Pradesh Recovery of Damages to Public and Private Property Act, 2020 and Rules 2021, the affidavit said.

Moreover, the interim applications seek an omnibus relief which final relief has been claimed in the Writ Petition. itself and hence there is no occasion to invoke the extraordinary jurisdiction of this Court in the present applications, it said.

In fact, the factum of the constructions being illegal, has also been admitted by the two builders in Kanpur. Pertinently, none of the actual affected parties, if any, have approached this Court in relation to the lawful demolition actions, the UP Government said in its affidavit.

This Supreme Court in a recent Writ Petition filed by a political party with respect to the alleged demolitions in Shaheen Bagh, noted that only the affected party and not political parties should come forward, and allowed withdrawal of the petition, with liberty to approach the High Court, the UP state government in its reply said.

It also further said that even if any such alleged demolition action is to be challenged, the same is to be done by the affected party before the High Court, and not the Supreme Court.

The Petition filed by Jamiat Ulama-I-Hind, before the Supreme court, sought issuance of directions to the State of Uttar Pradesh that no precipitative action be taken in Kanpur District against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punitive measure.

The petition also sought issuance of directions to the State of Uttar Pradesh to ensure that any demolition exercise of any nature must be carried out strictly in accordance with applicable laws, and only after due notice and opportunity of hearing is given to each of the affected persons.