On Monday, the Nagpur bench of the Bombay High Court stayed the demolition of properties belonging to two Muslim men accused in the Nagpur violence case, including MDP leader Fahim Khan.
The court criticized the authorities for their “high-handedness,” stating that the demolition appeared to be, prima facie, in contravention of the Supreme Court’s 2022 judgment’s directions on the demolition of structures.
“Prima facie we are satisfied that the respondent-Authorities are conducting demolition in contravention of the judgment of the Apex Court in Writ Petition (Civil) No.295/2022 In Re: Directions in the matter of demolition of structures,” said the Bench comprising Justice Nitin Sambre and Vrushali Joshi.
On Monday, civic authorities demolished the house of Fahim Khan, a leader of the Minority Democratic Party (MDP) who has been booked for sedition in the Nagpur violence case.
The demolition of an illegal portion of the house of another accused, Yusuf Sheikh, was halted following the court’s intervention.
“That being so, the entire action pursuant to the notice dated 21/03/2025 issued to the petitioner shall remain stayed until further orders,” the Court said.
Jehrunissa Shamim Khan, the mother of Fahim Khan, along with Sheikh, approached the court seeking urgent relief from the demolition of their properties.
The plea challenged the action taken by the Nagpur Municipal Corporation, which issued a notice on March 21, citing unauthorized construction and a lack of approval for the building plan as grounds for the demolition.
However, before the Court could hear the matter, authorities demolished Khan’s structures at Sanjay Bagh Colony in Yashodhara Nagar.
During the hearing, the Court expressed concern over the lack of opportunity for the property owners to be heard before the demolitions of alleged illegal portions.
The Court noted that the demolitions were carried out “in a high-handed manner” without affording the owners a chance to present their case.
According to the Supreme Court’s ruling in a similar case, demolitions of this nature cannot be carried out without providing the affected individuals with at least a 15-day notice and an opportunity to be heard.
“…the action of demolition is already over. However, we will be dealing with the legality of the notice and the action taken pursuant to such notice against the petitioner once an affidavit of the Municipal Commissioner and the Executive Engineer is placed on record,” the court stated.
Earlier, theSupreme Court ruled that demolishing a person’s home without due process, solely because they are accused or convicted of a crime, is unconstitutional.
“The High Court has halted the bulldozer action and directed the engineer to cease further proceedings. If such action is repeated, contempt will be directly referred to the Supreme Court. The next hearing is scheduled for April 15, and the Principal Secretary and Commissioner of the Nagpur Municipal Corporation must provide an explanation. It was also stated that the official responsible for the demolition would have to compensate from their own pocket,” said Advocate Ashwin Ingole, who appeared for Khan.
The house of Fahim Shamim Khan, 38, city president of MDP in Nagpur, was demolished by the municipal corporation amid heavy security, with officials citing the MRTP Act for “unauthorized” construction.
On the other hand, NMC officials forcibly handed a demolition notice to Yusuf Sheikh’s family despite being provided with documents proving the construction was sanctioned.
Ayaz Khan, brother of Yusuf, alleged “This has been done with the intention of taking revenge. We have no involvement in the riots. I am the owner of the property, we have had this property since 1970. We are law-abiding people.”
“Today, when the court heard our petition, the court reprimanded the NMC. The court stayed this illegal demolition. We have suffered losses due to the NMC,” he told PTI.
