Nagpur Violence: Bombay High Court stays "high-handed" demolitions

The Nagpur bench of the Bombay High Court on Monday stayed the demolition of properties belonging to two individuals accused in the Nagpur violence case, including main accused Fahim Khan [Jehrunissa Khan v Nagpur Municipal Corporation].The Bench of Justices Nitin Sambre and Vrushali Joshi also criticised the authorities for their "high-handedness" and said the demolition appeared to be prima facie in contravention of the 2022 judgment of the Supreme Court in the case of In Re: Directions in the matter of demolition of structures."Prima facie we are satisfied that the respondent-Authorities are conducting demolition in contravention of the judgment of the Apex Court in Writ Petition (Civil) No.295/2022 In Re: Directions in the matter of demolition of structures," the Court 4.While Khan’s two-story house had already been demolished by the time the court passed its order, the demolition of an illegal portion of the house of another accused, Yusuf Sheikh, was halted following the court's intervention."That being so, the entire action pursuant to the notice dated 21/03/2025 issued to the petitioner shall remain stayed until further orders," the Court directed.The Court said it will be dealing with the legality of the notice and the action taken pursuant to such notice against the petitioner once an affidavit of the Municipal Commissioner and the Executive Engineer is placed on record.The matter will be heard again on April 15..Khan, a leader of the Minority Democratic Party and one of more than 100 people arrested in connection with the violence, approached the court through his mother Jehrunissa along with Sheikh, seeking urgent relief from the demolition of their properties. The plea challenged the action taken by the Nagpur Municipal Corporation, which issued a notice on March 21, citing unauthorized construction and a lack of approval for the building plan as grounds for the demolition. The matter was mentioned before the division bench in the morning and was kept for hearing in the afternoon. However, before the Court could hear the matter, authorities went ahead and demolished Khan's structures at Sanjay Bagh Colony in Yashodhara Nagar..During the hearing, the Court expressed concern over the lack of opportunity for the property owners to be heard before the demolitions of alleged illegal portions. The Court noted that the demolitions were carried out "in a high-handed manner" without affording the owners a chance to present their case.Khan's lawyer, advocate Ashwin Ingole, told Bar and Bench that the Court was "surprised" by the Municipal Corporation's actions. “The court expressed its surprise as to how the Corporation could go ahead with the demolition when the matter was mentioned and kept for hearing in the afternoon," Ingole said.Ingole emphasized that demolitions like these cannot be carried out without giving the affected individuals at least a 15-day notice and an opportunity to be heard, as per the Supreme Court's ruling in a similar case..Ingole further stated that the bench had indicated that if the demolition was deemed illegal, the authorities would have to compensate the affected parties for any damages caused.While Advocate Kasat, representing the Municipal Corporation, confirmed that the demolition had already been completed, the Court decided to address the legality of the notice and the demolition actions once an affidavit from the Municipal Commissioner and Executive Engineer is submitted. The case will be further considered on April 15..Advocate A R Ingole appeared for the petitioner. Advocate J B Kasat, with advocate Amit Prasad appeared for NMC..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.