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Uttar Pradesh affidavit in Supreme Court says all demolitions carried out lawful

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The government of Uttar Pradesh (UP) has filed a detailed affidavit before the Supreme Court in the petition filed by Jamiat Ulama-I-Hind.

The Jamiat Ulama-I-Hind petition had sought issuance of directions to the State to take no action in Kanpur District against residential or commercial property of alleged rioters.

In its affidavit, the UP government brought forth the fact that the constructions that have been demolished are illegal. As a matter of evidence, they have also filed they have brought two builders who have also admitted that the constructions in question were illegal.

In the affidavit, the Uttar Pradesh government has stated that the Prayagraj demolitions were carried out by Local Development Authority, which is an autonomous body of the State government, which endeavours to free the city of illegal and unauthorised constructions.

Specifically regarding the demolition of the house of Javed Mohammed, father of Afreen Fatima, the State submitted that the construction was in “violation of Prayagraj Development Authority rules” and that proceedings were initiated much “earlier than the riots” which took place after the remark on the Prophet by suspended BJP leader Nupur Sharma.

Surprisingly none of the actual affected parties have approached this Court in relation to the lawful demolition actions, mentions the the affidavit filed before the Supreme Court by UP Government.

The affidavit filed says the 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 cherrypicking one-sided media reports 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 said.

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

The UP affidavit 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.

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