HC extends stay on demolition in Bahraich till Nov 4
After hearing the case of 23 houses where notices were pasted to use bulldozers to remove encroachment, the court has fixed the date of next hearing on November 4.
The Allahabad High Court on Wednesday extended the stay on demolition notices issued by the authorities after the violence during idol immersion in Bahraich.
The court gave oral instructions to the state government not to take any such action which is not lawful. On the other hand, the government lawyer also assured the court to follow the court’s order.
The court has fixed the next hearing on November 11, giving time to the state government to file its reply on four points and the petitioner to file objections on them. However, the court has not yet given any interim order in the matter but, for now, there will be relief to the alleged encroachers till November 11 in the demolition notice case.
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The court passed the order during hearing on the PIL filed by Association for Protection of Civil Rights on Wednesday before a division bench of Justice AR Masoodi and Justice Subhash Vidyarthi.
In the petition, the alleged encroachers have challenged the government order and seek to cancel the demolition notices issued on October 17.
During the hearing today the court asked the state government whether any survey was conducted there before issuing the notices or not? Secondly, are the people to whom the notices were issued the owners of the constructed premises or not? And thirdly whether the notice issuing authority was competent to issue them or not.
Apart from these points, the court has also asked the government whether notices were issued to demolish the structures built on the road of Maharajganj market, whether the entire construction or any part of it was an illegal construction or not?
On behalf of the state government, Additional Advocate General Vinod Shahi appeared along with Chief Standing Advocate Shailendra Kumar Singh and gave the desired information to the court.
After the murder of Ram Gopal Mishra in the violence on October 13 in Maharajganj of Bahraich, notices were issued to the alleged encroachers of Maharajganj to demolish their buildings.
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