Nagpur Corporation apologizes for defying SC directive, bulldozing homes
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The Nagpur Municipal Corporation on Tuesday issued an unconditional apology to the Bombay High Court for disregarding a Supreme Court directive concerning demolitions. This apology was prompted by the municipal body's action of bulldozing portions of the homes belonging to two individuals accused of involvement in the March communal violence in Nagpur, according to a report by Live Law.
In an affidavit submitted to the High Court, the municipal corporation stated that it was unaware of the Supreme Court’s November ruling, as it had not received any guidelines from the Maharashtra government. The corporation expressed regret for partially demolishing the home of Fahim Khan’s mother. Khan, a prominent leader of the Minorities Democratic Party, is the primary individual accused in the March 17 violence.
Indian law does not permit property demolitions as a punitive measure, yet such actions have become increasingly common in states ruled by the Bharatiya Janata Party (BJP). The Nagpur Municipal Corporation, in its affidavit, assured the court that it did not intend to defy the orders of the High Court, the Supreme Court, or any lower courts.
The Supreme Court had ruled in November that demolishing the properties of individuals accused of crimes as a form of punishment is illegal. The Court emphasized that due process must be followed before any demolition of allegedly illegal encroachments takes place. The Nagpur Municipal Corporation Commissioner later informed the court that the town planning department was also unaware of the Supreme Court’s directive.
On Tuesday, the High Court bench, led by Justices Nitin Sambre and Vrushali Joshi, granted the state government two weeks to file a response on the matter. The case is being heard at the Nagpur bench of the High Court.
Earlier, on March 24, the High Court had intervened and stayed the demolition of the properties belonging to the two accused individuals. This move came just hours after the Nagpur Municipal Corporation bulldozed Fahim Khan’s home, halting the demolition of portions of another property linked to Yusuf Sheikh, another person accused in the case.
Khan and others face charges of sedition and spreading misinformation on social media in connection with the violence. The clashes erupted on March 17 following a protest by Hindutva groups in Nagpur, which demanded the removal of Mughal emperor Aurangzeb’s tomb located in Maharashtra’s Chhatrapati Sambhaji Nagar.
The High Court had criticized the municipal authorities’ actions as “high-handed” and noted that the demolitions seemed to violate a 2022 Supreme Court ruling on bulldozing structures. The Court also raised concerns over the lack of an opportunity for the property owners to present their case before the demolitions occurred.
