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Respond to compensation plea for demolition after MP communal clash: HC to govt
The petition in the Madhya Pradesh high court also asked the judges to restrain ministers and lawmakers from issuing statements for demolitions carried out without adequate notices to people
The Indore bench of Madhya Pradesh high court on Monday asked the state government to respond to a petition that sought compensation for the demolition of a house in Khargone city following communal violence after a Ram Navmi procession in April this year.
Justice Pranay Verma said in the interim, no further action should be taken on the property till the next date of hearing.
The court was hearing a petition filed on April 30 by Jahid Ali, a resident of Khargone and owner of a tent house business, alleging that part of his 900sqft house was demolished in April after clashes broke out between two groups after some miscreants threw stones on a Ram Navmi procession.
“The petitioner is the legal owner of his property and paying taxes of the same. The administration has demolished part of the property without issuing any notice to him and without giving any opportunity to him, which is in violation of principles of natural justice,” the petitioner’s lawyer MM Bohra said. “As a result of the action of (the) administration, fundamental right of the petitioner is violated.”
Advocate Akash Sharma, representing the state government, prayed for two weeks’ time to file a reply in the matter.
“Learned counsel for the respondents prays for and is granted two weeks’ time for seeking instructions in the matter and for filing the reply,” said justice Verma. “Till next date of hearing, status-quo with respect to the property in question shall be maintained by the parties.”
At least 64 first information reports (FIRs) were registered after communal clashes broke out in Khargone on April 10 and 170 people were booked. The administration demolished nearly 54 houses, shops and buildings.
In his petition, Ali argued that he purchased the house in 2000 and got a valid registry done. In 2015, he received an order from the civic body regarding “encroachment of a government land” but the order did not have any “specific information regarding the land”.
“On April 11, the local administration demolished a part of the house without any notice,” the petition said.
Ali’s petition asked that the administration should be prohibited from taking action against the demolition of the houses, shops or any such structure, irrespective of its legal status without giving notice of at least seven working days.
Bohra also asked the court to restrict said the petitioner also sought restriction on ministers, legislators and other responsible authorities “endorsing such illegal acts of demolition as punitive measures and issuing public statements”.
A total of 21 petitions have been filed in the court against the demolitions carried out after the communal clashes.
