HOUSES OF FAHIM KHAN, ABDUL HAFEEZ DEMOLISHED

 

 

Sending strong signals to perpetrators of arson in Mahal, Nagpur Municipal Corporation (NMC) on Monday levelled the two-storeyed house of the mastermind Fahim Khan in Yashodhara Nagar. Thereafter, portion of another accused house in Johripura in Mahal was also demolished. The swift action was subsequent to findings that the two house owners had flouted building bye-laws and carried out illegal construction and hence they were demolished. As per information, NMC officials of Ashi Nagar Zone and Gandhibagh-Mahal Zone had issued notices to Fahim Khan, President, Minorities Democratic Party (MDP), Nagpur Unit, and Abdul Hafeez Sheikh Lal respectively on Sunday. The notice was regarding unauthorised construction on part of the two accused who were named in the Mahal arson case. Incidentally, Khan and also Hafeez are presently in police custody as the two are claimed to have allegedly masterminded the violence that ripped through the city in aftermath of protest by Bajrang Dal members in Mahal area. Khan is accused of fanning rumours as to alleged desecration of Quran verses and mislead by the false info, a section of the community got charged and went on rampage in Mahal and later, in Hansapuri.

 

Meanwhile, on Monday morning, a team of NMC reached Sanjay Bagh area where Khan resided with his family. The property of Khan was registered in the name of his wife. It was a two-storeyed house and the earth movers and excavators hammered the blows on the concrete structure. Amidst tight police bandobast, the bulldozers reduced the house to rubble even as by-standers watched with daze the demolition action. The entire action continued throughout the afternoon and to be more prompt the action team also cleared the rubble from the spot with lightning speed to leave no trace of any action. The reducing of two storeyed house to rubble is termed as Bulldozer action, more heard of in Uttar Pradesh. A few days back, Chief Minister Devendra Fadnavis had hinted at strict action against the accused persons involved in fanning disturbance in the city. He said administration could recover the cost of losses suffered by citizens from the accused persons.

 

The civic officials were tight-lipped about the lightning speed with which it cracked down on illegal building construction in city. Mahal: After wrapping-up the action in Yashodhara Nagar, the demolition team moved to Joharipura where the other accused involved in the arson resides. Here the civic body team pulled down the balcony and porch that was deemed illegal at residence of Abdul Hafeez Sheikh Lal. Even as the NMC team was busy with demolition, an urgent motion was moved before High Court. The learned Judges immediately directed the NMC counsel to convey their order of staying the action as same prima facie seemed violation of laid down norms. Till then, partial demolition of the house had taken place in the busy small lanes of Mahal area. However in Yashodhara Nagar the house of Fahim Khan was reduced to rubble. His family members had already left the house. A crowd of onlookers watched the drama unfold from the same distance even as the civic team bit by bit demolished the portion of the house. 

 

 

A division bench of Bombay High Court’s Nagpur Division immediately granted stay as it was prima facie convinced that NMC has acted in haste. Adv Ashwin Ingole moved an urgent motion filed by Mohd Aaiyyaz Abdul Hafeez, son of Abdul Hafeez, before Senior Judge Nitin Sambre and Justice Vrushali Joshi mentioning the ongoing action by NMC on a single day notice of demolishing the building of Fahim Khan and Abdul Lal. Midway through the hearing, Justice Sambre directed NMC counsel Adv Jemini Kasat to direct authorities to halt the ongoing demolition till the petition was decided as it was convinced that authorities had acted in haste. Adv Ingole said the notice as to demolition of illegal construction was issued to Khan and Lal on Sunday and order about demolition was issued on Monday. Also, he contended that the order was issued by civic body officials after reaching the spot with bulldozers.

 

The Court observed that State seemed to have ignored the guidelines framed by Supreme Court as to demolition in case of illegal construction. Apex court had mentioned that a 15-day period be provided after serving the notice as to illegal construction and noted that NMC however had ignored the same and hence granted ad-interim stay in the demolition action. NMC counsel said reply will be filed within one week. Similarly, the HC has also issued notices to respondents, including Chief Secretary seeking affidavit as to directions to local bodies post apex court’s order. The next hearing in the case is slated for April 15.