The Bombay High Court has strongly criticized the Nagpur Municipal Corporation (NMC) for its "high-handed" approach in demolishing the homes of individuals accused in a recent communal violence case in the city. The court took serious note of the authorities' actions and stayed further demolition proceedings.
A division bench of Justices Nitin Sambre and Vrushali Joshi heard a petition filed by Jehrunissa Shamim Khan, the mother of the prime accused, Fahim Khan. She informed the court that she had received a demolition notice from the NMC on March 21 for her two-story house located in Sanjay Bagh Colony, Yashodhara Nagar, Nagpur.
The bench noted that despite her challenge to the notice and mentioning the matter before the court on the morning of March 24, the authorities proceeded with demolishing the house under heavy security and drone surveillance that same afternoon.
"We therefore mentioned the matter again at 2:30 PM and the bench heard us. We apprised the court of the facts and how the NMC hurriedly demolished my client's house. The bench was not at all impressed with the NMC. In fact, the court questioned the authorities about their conduct and even pulled them up for their high-handedness," said advocate Ashwin Ingole, representing Khan.
The court observed that the demolition violated the Supreme Court's ruling in Re: Directions in the Matter of Demolition of Structures, where Justice Bhushan Gavai had held that authorities cannot demolish properties solely based on an individual being accused or convicted of a crime.
"But for the provisions of the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, further factual matrix appears to be identical and 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," the judges stated in their order.
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The court also noted that another accused, Abdul Hafiz, had received a similar demolition notice, and his house was partially demolished. In response, the bench issued a stay on further demolition actions.
"That being so, the entire action pursuant to the notice dated March 21, 2025, issued to the petitioners shall remain stayed until further orders," the court ordered.
Advocate Jemini Kasat, representing the NMC, informed the court that the demolition had already been completed. However, the bench recorded the statement and assured that the legality of the notice and subsequent actions would be examined after an affidavit from the Municipal Commissioner and the Executive Engineer was submitted.
"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 judges concluded while scheduling the next hearing for April 15, 2025.
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The case highlights concerns over municipal actions that disregard legal processes and judicial precedents. The Bombay High Court’s intervention ensures that authorities are held accountable and that constitutional rights are upheld.
Case Title: Jehrunissa Khan vs Nagpur Municipal Corporation (Writ Petition 1600 of 2025)
