The UP state government in the Allahabad High court has stated that the show cause notice of the demolition of Javed Mohammad’s residence was produced and sent on 10 May, 2022.
States advocate general Ajay Kumar Mishra appearing for the State government has stated that the premises have been used commercially for the ‘Welfare Party of India.’ The demolition order was passed by the Prayagraj Development Authority on 25 May 2022. State government has filed a counter affidavit in plea filed by Javed’s wife Parveen Fatima before Allahabad High Court which states that Javed Mohammad is the State General Secretary of ‘Welfare Party of India.’
Praveen Fatima, in her hasn’t mentioned the date of the order or the notice for demolition received. The demolition order is itself not challenged in the plea and hence it’s not maintainable.
The state side mentioned that PDA received complaints against Javed Mohammad stating that frequent guests visiting his place, numerous vehicles are parked in that area create problems for the neighbours and other residents.
Mishra mentioned that a Show Cause Notice was issued to Javed by PDA asking him to appear on May 10, 2022 that his family refused to accept, as a result of which, it was pasted on the wall of the building.
Another complaint was received on May 19, 2022 by the authority alleging that no action was taken despite the earlier complaint. A hearing was fixed on May 24, 2022 but no-one appeared despite the notice. Hence demolition order was passed.
A writ petition was filed on June 12 against the district government and Prayagraj Development Authority (PDA) demolishing the home of Javed Mohammad aka Javed Pump, the suspected leader of the violent protests in Prayagraj on June 10.
The division bench, made up of Justices Anjani Kumar Mishra and Syed Waiz Mian, heard a petition submitted by Parveen Fatima and Summaiya Fatima, the wife and daughter of Javed Mohammed, respectively. The matter was postponed for the next hearing on June 30.
The house that was demolished by the authorities, belonged to Javed Mohammad’s wife Fatima, who had received it as a gift from her parents even before the two of them got married. The petitioners’ attorney mentioned that Parveen Fatima had occasionally paid water and housing taxes. In her name, tax receipts were even issued.
Advocate Roy argued that the Prayagraj Development Authority (PDA) served notice on her husband Mohammad Javed, an activist and businessman, rather than the house’s owner.
The petitioners were represented by High Court attorney KK Roy.
The petitioners have asked temporary housing while their home is being rebuilt as a measure of urgency. The wife and daughter of Javed, who are both petitioners in the writ case, claim that on June 10, 2022, at around midnight, they were arrested against their will by police to Mahila Thana and held there for three days. As a result, they have asked the court to order the state government to compensate them for their wrongful arrest, incarceration, and violation of their fundamental rights as protected by Article 21 of the Indian Constitution (which guarantees a person’s right to life and personal liberty).
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