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The Hindu
The Hindu
National
Legal Correspondent

Plea urges Supreme Court to step in to prevent U.P. demolitions

A prominent Muslim body on Monday urged the Supreme Court to step in against officials in Uttar Pradesh who have violated the “rule of law” by using bulldozers to raze the homes of people linked to riots which broke out in the State following objectionable remarks allegedly made by two now-sacked BJP functionaries against Prophet Muhammed.

“The demolition of properties by the State government in retaliation was in breach of the laws enacted by the State legislature itself,” Jamiat Ulama-i-Hind, represented by advocate Kabir Dixit, argued.

Section 10 of the Uttar Pradesh (Regulation of Building Operations) Act of 1958 mandates that a building should not be demolished without giving the affected parties “a reasonable opportunity of being heard”. Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973 required the affected person to be heard and given 15 days’ prior notice before proceeding with the demolition. Besides this, the Act allowed a person aggrieved with the order of demolition entitled to appeal within 30 days.

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