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SC stays demolition drive near Krishna Janmbhoomi in Mathura for 10 days
As many as 135 houses in the Nai Basti – a settlement along the railway track in the backyard of the Krishna Janmabhoomi, were razed on August 9
The Supreme Court on Wednesday halted for 10 days the demolition drive undertaken by the railway authorities to clear “alleged illegal constructions” near the Krishna Janmabhoomi in Uttar Pradesh’s Mathura.
The order comes after the aggrieved residents complained that a civil suit filed by them is pending before a Mathura court and could not be heard due to a strike called by lawyers.
“Let there be status quo as regards the subject premises for a period of 10 days,” the three-judge bench headed by justice Aniruddha Bose said as it issued notices to the Centre and railway authorities.
Senior advocate Prashanto Chandra Sen appearing for the residents informed the Court that only 70-80 houses out of the nearly 200 houses in the settlement now remain since its demolition began on August 9.
He further informed that prior to demolition, the residents had filed a suit in May this year to restrain railways from claiming the land where they were residing since 1880.
The residents in their petition filed through advocate Kaushik Chaudhary said, “The action of the respondent (Railways) in demolishing the house is absolutely illegal, arbitrary and in violation of Article 21 of the Constitution of India.”
On August 9, railways authorities, in collaboration with local police and administration, began an extensive demolition operation aimed at clearing encroachments in the backyard of Sri Krishna Janmbhoomi in Mathura.
As many as 135 houses in the Nai Basti – a settlement along the railway track in the backyard of the Krishna Janmabhoomi, were razed.
The petition pointed out that with the suit pending, the residents had approached the Mathura court and the Allahabad high court but the matter could not be taken up due to a strike by the state bar council on August 12 following the shooting of a lawyer.
“All the courts are closed and the petitioner could not pursue the issue. And taking advantage of the situation, the railway authority has initiated the process of demolishing the house of the petitioners most arbitrarily,” the petition said.
The Court indicated to Sen that ultimately, the matter has to be decided by the civil court and posted the matter for next week.
The petitioner in this case, Yakub Shah, a 66-year-old resident of Nai Basti, had argued that the railways lacked the authority to dismantle the approximately 200 houses along the railway track due to the ongoing legal proceedings.
Shah argued that their houses are the subject matter of the civil suit and if the demolition process is not stayed, the residents shall suffer “irreparable loss and injury”.
He said that the other residents could not file the appeal as they have been compelled to seek refuge in other households after the railway authorities deployed police officials to detain residents to ensure there is no interruption to the demolition work.
Earlier on August 14, the top court granted those affected by the railways’ demolition drive to move the Allahabad High Court to challenge the move.
