The Bombay High Court took note of an unconditional apology tendered by the Nagpur Municipal Corporation (NMC) for razing portions of residential structures linked to individuals accused in a recent communal disturbance, allegedly in violation of binding directions issued by the Supreme Court of India.
A Division Bench led by Justice Nitin Sambre was apprised of this development through an affidavit submitted by the NMC, wherein it was acknowledged that the civic body had proceeded with the demolition without being aware of the apex court’s judgment in “Re: Directions in the matter of Demolition of Structures.” The said ruling had categorically held that no executive authority shall undertake demolition of residential properties solely on account of the occupant being an accused or a convict in a criminal case.
The affidavit, filed through Kamlesh Chavan, Executive Engineer (Slum Department), expressed sincere regret and submitted that neither the State Government nor the NMC had issued the requisite circulars or guidelines to implement the directives issued by the Supreme Court. The deponent affirmed that the NMC or its officials had no intention to wilfully disobey orders passed by any court and stated that the actions were undertaken under the impression that they were in conformity with the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971.
In particular, the NMC’s action pertained to the demolition of a structure belonging to Jehrunissa Shamim Khan, mother of Fahim Khan, the prime accused in the communal violence incident. It was submitted that in response to a police request dated March 21, the civic body initiated verification of alleged illegal constructions belonging to the accused individuals. Upon the petitioners' failure to produce sanctioned building plans, the NMC issued a show-cause notice requiring a reply within 24 hours. The demolition followed soon after.
The affidavit also emphasised that the civic body had not received any formal instructions from the Maharashtra Government or its Town Planning Department regarding the Supreme Court’s 2014 directive, which mandated all Chief Secretaries across States and Union Territories to circulate the said ruling to all District Magistrates and local authorities.
During the hearing, the High Court was dealing with petitions filed by Jehrunissa Shamim Khan and two others related to other accused persons in the riots case. The petitioners had approached the court on the morning of March 24, challenging the demolition notices. However, despite the matter being brought to the court’s attention, the civic authorities proceeded to carry out the demolition later that afternoon under heavy security and drone surveillance.
Taking serious note of the NMC’s conduct, the Bench had earlier castigated the civic body for its “high-handed” approach and ordered a stay on further demolition activity.
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