Uttar Pradesh Government files affidavit before Supreme Court against petition of Jamiat Ulama-I-Hind. – India Legal

COVID 19 Updates Uttar Pradesh Government files affidavit before Supreme Court against petition of Jamiat Ulama-I-Hind. - India Legal

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 petition by Ulama- I-Hind seeks issuance of directions to the State for no action be taken in Kanpur District against the residential or commercial property.

The UP government has 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 from the State government which endeavours to free the city of illegal and unauthorised constructions.

Specifically regarding the demolition of 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 that 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 cherry picking one sided media, reporting 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 in its detailed affidavit said.

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

The affidavit of UP 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.

” Jamiat Ulama-I-Hind, the Petitioner, has failed to place on record the above facts duly supported by affidavits and has merely hand picks certain media, reporting to make unfounded allegations against the State machinery and its officers.

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