LI Network
Published on: 17 August 2023 at 09:15 IST
The Supreme Court has issued an interim order to stop the Indian Railways’ ongoing demolition activities in Nai Basti near Krishna Janmabhoomi in Mathura, Uttar Pradesh.
This temporary measure was taken in response to an urgent plea by Yakub Shah, a 66-year-old resident, who alleged that houses of inhabitants residing in the area since 1880 were being torn down.
According to Shah, the Railways initiated the demolition work on August 9, 2023. A day later, on August 10, an interim application against the demolition was submitted to a civil court.
However, the Railways’ legal representative informed the court that they lacked instructions on the matter, leading to an adjournment of the case.
Despite the civil court’s scheduled hearing on August 14, the proceedings were postponed due to the State Bar Council’s resolution to suspend court activities following a shooting incident involving an advocate.
Seizing the opportunity, the Railways resumed the demolition on August 14. This prompted Shah to approach the Supreme Court for relief, leading to the issuance of a 10-day status quo order.
The case will be further addressed in the upcoming week. Shah received legal representation from Senior Advocate Prashanto Chandra Sen, along with advocates Kaushik Chaudhry, Radha Tarkar, and Aaron Shaw.
Background
Shah’s writ petition appealed for Supreme Court intervention, citing that the residents’ homes, where they had resided since 1880, were under threat of demolition.
The plea alleged that Railway authorities deployed police to the demolition site in Krishna Janmasthan after the residents sought protection from a civil court. These police officials were reportedly instructed to detain and remove the residents to ensure uninterrupted demolition.
Consequently, residents sought refuge in other households to evade unlawful detention.
The origins of the case trace back to a 2005 lawsuit filed by various residents to prevent the Railways from evicting them from the disputed land. This lawsuit remains pending before a Mathura court.
In the wake of a newspaper notification in April of the impending demolition, the residents filed a writ petition contesting this move before the Allahabad High Court. The High Court instructed them to submit a representation to the concerned Northern Central Railway authorities in Mathura.
However, the Railways’ Estate Officer dismissed the representation on May 22, issuing a concise rejection order. Following this, the residents filed another suit to restrain the Railways. Despite an interim stay application, the Mathura court did not grant interim relief and adjourned the case multiple times.
The case was due for further proceedings on August 14, coinciding with a State-wide holiday declared by the Uttar Pradesh Bar Council.
While Shah filed the writ petition before the Supreme Court, seeking protection for the residents facing demolition, the Court is urged to extend this safeguard to all affected inhabitants. Shah emphasized his representation of several victims in the proposed demolition drive, naming fifteen other residents in the petition.
