Nagpur, Maharashtra: Even after the Supreme Court and High Courts warned several state governments and civic authorities against the arbitrary demolition of houses and properties of the accused, authorities in Nagpur and Uttar Pradesh still continue to demolish houses belonging to accused individuals. On Monday, the Supreme Court slammed the Uttar Pradesh government for demolitions in Prayagraj. Meanwhile, the Bombay High Court halted the demolition of properties owned by two persons accused in the Nagpur riots. However, the authorities had already demolished a two-story house belonging to Fahim Khan, an alleged mastermind in the Nagpur violence case, by the time the court issued the stay order.

A bench of the Supreme Court comprising Justices Abhay S Oka and Ujjal Bhuyan on Monday slammed the Uttar Pradesh government over its “high-handed” demolition in Prayagraj, saying it had shocked its conscience. The court lambasted the manner in which the houses were bulldozed within 24 hours of serving notices without the time to appeal. “If we tolerate in one case, it will continue,” the bench said. The court then ruled that it would allow the reconstruction of the houses of petitioners; a lawyer, a professor, and three others in Prayagraj, which were demolished by the Uttar Pradesh authorities without following due process of law.

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However, the reconstruction of the demolished properties would be at the petitioners’ own cost, subject to them giving an undertaking that they would file appeals within the specified time, would not claim any equities over the plot and would not create any third-party interests. “If their appeals get dismissed, then the petitioners must demolish the houses at their own cost. To enable the petitioners to file the undertaking, the matter was adjourned,” the court noted.

In a separate case on Monday, a bench of Justices Nitin Sambe and Vrushali Joshi of Bombay High Court slammed the Nagpur authorities, terming them “high-handed,” and stating that in prime facie it is a contravention of the 2022 judgment of the Supreme Court in the ‘Re: Directions in the matter of Demolition of Structures’, in which the apex court came down heavily on demolitions as collective punishment. In the ruling, the top court had pointed out that the executive cannot demolish the houses and properties of persons solely on the grounds that they are accused or convicted of a crime.

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Though Fahim Khan’s house has already been demolished, the B0mbay High Court order has halted the demolition drive of an alleged illegal portion of the house of another accused, Yusuf Sheikh. The Court stated that it would be dealing with the legality of the notice and the action taken pursuant to such a notice against the petitioner once an affidavit of the Municipal Commissioner and the Executive Engineer is placed on record. It further scheduled the next hearing on April 15 in the case.