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The Allahabad High Court on Tuesday took up a petition challenging the demolition of a house belonging to the family of activist Javed Mohammad, who is accused of being a key conspirator behind the June 10 violence in Prayagraj as part of a protest against remarks by a former BJP spokesperson against the Prophet.
The court gave the state government and the Prayagraj Development Authority (PDA) one day to file a reply and listed the matter for hearing on Thursday.
Javed is currently in judicial custody.
On June 12, the PDA had demolished Javed’s house, a day after serving a notice to him asking him to vacate the property by next morning to go ahead with demolition proceedings.
The family, however, had claimed that the house belonged to Javed’s wife Parveen Fatima and was wrongfully demolished “without following due process”. Advocate KK Roy, who represented Fatima in the court, said the court listed the matter for hearing on Thursday.
Advocate KK Roy, who represented Fatima in the court, said the court listed the matter for hearing on Thursday.
The court was hearing a petition filed by Fatima who requested the court to order officials to arrange a government accommodation for the family.
The petition reads, “It is, therefore, most respectfully prayed that this Hon’ble Court may graciously be pleased to command/direct the respondents to arrange a Government Accommodation for the Petitioner No. 1 and her family till the reconstruction of her house Otherwise the Applicants/Petitioners shall suffer irreparable loss and injury (sic).”
The PDA in its notice to Javed on June 10 had claimed that he had constructed the building against the provisions of the Uttar Pradesh Urban Planning and Development Act, 1973. “The construction of 25 x 60 feet was done without getting permission on the ground and first floor (sic),” the notice read.
The petition filed in the High Court says that Fatima is the owner of the house and that the land on which it is built was gifted to her by her father.
“The electricity bill, house tax and water tax is deposited on behalf of Parveen Fatima… Javed Mohammad is the husband of her but he has no property right over the house,” the petitioner says.
The plea also says that no prior notice was served to Javed or his family before.