House of key accused in Nagpur violence razed hours before HC orders stay

Civic authorities on March 24 morning deployed bulldozers and flattened a two-story "illegal" house of Fahim Khan, a key accused in the Nagpur violence who has been booked for sedition, hours before the Bombay High Court stepped in and ordered a stay on the action.

The authorities also removed an "illegally" constructed balcony of a house of another accused Yusuf Sheikh in the Mahal area, where the violence took place on March 17, officials said.

The civic action came even as the High Court's Nagpur bench questioned why the owners of the houses were not given a hearing before demolishing the alleged illegal portions, and the rapped the administration for "high-handedness".

Khan, a leader of the Minority Democratic Party (MDP) currently in jail, has been booked for sedition.

He is among over 100 persons arrested for the violence in the Maharashtra city where mobs went on a rampage amid rumors that a ‘chadar’ with holy inscriptions was burnt during protests by VHP and Bajrang Dal activists for the removal of Mughal emperor Aurangzeb’s tomb in Chhatrapati Sambhajinagar district.

A few days back, the Nagpur Municipal Corporation issued a notice to Khan, citing various lapses and lack of the building plan approval (for his house), sources said.

At around 10.30 am on Monday, three JCB machines of the NMC started demolishing the house, located at Sanjay Bagh Colony in the Yashodhara Nagar area, amid heavy police security and drone surveillance in the entire area, which was completely barricaded.

The two-story residential structure was razed to the ground by around 2.30 pm, the officials said.

The house, registered in the name of Khan's mother, was located on a plot of Nagpur Improvement Trust (Lease) and the lease ended in 2020, a civic official said.

There was no sanction plan for the building and the entire construction was "unauthorized", the official said, adding the action was taken under the Maharashtra Regional and Town Planning Act (MRTP Act).

A notice of demolition was given 24 hours prior to the action, the official stated.

The bulldozer action came before the High Court ordered a stay on the demolition of the houses of two accused in the violence, including Khan, and rapped the civic administration for "high-handedness".

While Khan's two-story house was razed before the high court passed the order in the afternoon, authorities halted the demolition of the "illegal" portions of the other accused Sheikh's house following the HC's directive.

The duo had moved the high court on Monday against the demolition of their houses and sought an urgent hearing.

A division bench of Justices Nitin Sambre and Vrushali Joshi heard the pleas.

The bench questioned why the owners of the houses were not given a hearing before demolishing the alleged illegal portions.

The action was taken in a "high-handed" manner, without giving a hearing to the owners of the property, the bench noted.

Advocate Ashwin Ingole, appearing for Khan, said the HC has sought a response from the government and civic authorities and posted the matter for further hearing on April 15.

The bench said if it comes to the conclusion that the demolition was carried out illegally then the authorities would have to pay for the damage caused, Ingole claimed.

The March 17 clashes resulted in widespread stone-pelting and arson across several parts of Nagpur city, leaving 33 police personnel, including three Deputy Commissioner of Police-rank officers, injured.

Chief Minister Devendra Fadnavis on March 23 said the cost of properties damaged during the violence will be recovered from rioters and the failure to pay up would lead to the seizure and selling of their properties to recover losses.

"My government will not rest until those responsible for attacking the police are found and dealt with sternly," said Fadnavis, who also heads the state home department.

The CM said those who circulated inflammatory content would be charged as co-accused for their role in inciting violence.

Fadnavis also said it was too early to comment on a foreign or Bangladeshi link to the riots as the probe was underway.

"However, the Malegaon connection can be seen (in violence) as one of the accused belongs to a political party from Malegaon who could be seen helping rioters," he said without taking the name of Khan, arrested for sedition.

(PTI)