In a significant legal development, the Supreme Court of India has issued an interim order restraining the Indian Railways from proceeding with its ongoing demolition drive in Nai Basti near Krishna Janmabhoomi in Uttar Pradesh's Mathura.
The order comes as a response to an urgent plea filed by Yakub Shah, a 66-year-old resident of the area, who asserted that homes of long-term inhabitants since 1880 were being razed.
The demolition work, initiated by the Railways on August 9, 2023, had been met with resistance from residents, culminating in Shah's prompt filing of an interim application against the demolition in a civil court on August 10. However, the court proceedings were disrupted due to unforeseen events including an advocate's shooting and subsequent court closures.
Seizing this window of opportunity, the Railways reportedly resumed demolition activity on August 14, prompting Shah to approach the Supreme Court for intervention. The apex court has now issued a directive maintaining the status quo for the next 10 days, with further hearings scheduled for the following week.
Shah's plea contends that the demolition infringes upon the rights of those who have called the area home for over a century. Allegations were also raised regarding the deployment of police officials to the site, purportedly to suppress resident protests and detain them if necessary.
The case has its roots in a 2005 lawsuit initiated by various residents aimed at preventing the Railways from evicting them from the disputed land. This case has remained pending in a Mathura court. Meanwhile, an April newspaper notification alerted residents to the impending demolitions. An ensuing writ petition was filed before the Allahabad High Court, which instructed the residents to file a representation with Northern Central Railway authorities.
However, the representation was dismissed by the Railways' Estate Officer on May 22 in a brief order. This dismissal prompted residents to file a second lawsuit seeking a restraining order against the Railway authorities. Despite their efforts, interim relief was not granted, and the case faced multiple adjournments.
While the Supreme Court petition has been filed by Yakub Shah, it also seeks protection for all similarly affected residents. Shah has indicated that he represents numerous other victims of the proposed demolition drive, with 15 other residents named in the petition.
The bench of Justices Aniruddha Bose, Sanjay Kumar, and S V N Bhatti has issued the status quo order, emphasizing the need for stability in the ongoing dispute. Senior advocate P C Sen, who represents Shah, argued that the demolition was taking place near the sacred site of Krishna Janmabhoomi and has already resulted in the destruction of several houses.
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