In wake of the demolition of the home of activist Afreen Fatima on June 12, 2022, a determined band of activists and lawyers have been working round the clock to seek justice for the family. They have, just this afternoon received a call from the active Chief Justice (CJ) of the Allahabad High Court, Manoj Gupta regarding a letter petition filed on behalf of Parveen Fatima, mother of Afreen and wife of Javed Mohammad, whose decades old family home was brutally torn down on Sunday. The demolition took place in the Kareli area of Prayagraj (Allahabad). Apart from advocate KK Roy, advocates M Saeed Siddiqui, Rajvendra Singh and Prabal Pratap are also signatories.
The letter petition seeks immediate directions to be issued to the state of Uttar Pradesh and its Representatives, including the District Magistrate and Vice Chairman of the Prayagraj Development Authority, to pay a hefty compensation to Parveen Fatima and her children for the embarrassment, harassment, indignity she felt and reducing them to a homeless state. The petition highlights how all this violates their rights enshrined under Articles 14 and 21 of the Indian Constitution.
The five-page petition narrates the chronology that began with the arrest of Javed Mohammad, senior activist, husband of the owner of the home, on Friday July 10, on charges that have illegally been used to justify the demolition. The petition moreover argues that since “Javed Mohammad has no ownership over the land and the building which is selected and targeted for demolition, any attempt by the District and Police Administration and the Development Authority to demolish that house will be against the basic principle of law and a grave injustice to the wife and children of Javed Mohammad.”
Besides, says the petition, in a bid to “justify the act of demolition, the Prayagraj Development Authority has pasted the notice on the wall of the house of Parveen Fatima yesterday i.e. on 11.06.2022 and in the said notice mention of some back date has been made regarding the issuance of show cause which was never received either by Javed Mohammad or his wife Parveen Fatima.”
The petition cites section 26 of the U.P. Urban Planning and Development act, 1973 deals with the penalties which runs from 26 to 26A, C, B, D and also details section 21-A of the act of 1973 deals with power to seal unauthorised development and section 20a-A (4) gives power to the aggrieved person to make an appeal before the Chairman if any order of sealing has been passed by the vice Chairman of the authority.
Demolition is always “the last resort” for officers says the peyition, there should be due process of notice being served, affected parties being given fair hearing, properties first to be sealed etc.
More than anything else, even if one were to assume that the false allegations against Javed Mohammad were true, the Indian criminal jurisprudence is based on principles of criminal liability is individual liability to the person who commits and his or her family members cannot be punished for any act of violence or illegal / criminal activity by any person.
The lawyers have sought an early hearing of the petition that is likely to be tomorrow.
Here is the text of the entire petition filed:
Date 13.06.2022
To,
The Hon’ble Chief Justice,
Allahabad High Court,
Through,
Registrar General, High Court of Judicature at Allahabad.
Subject :- To take cognizance regarding illegal demolition of house of Parveen Fatima W/O Javed Mohammad situated in Allahabad.
Respected Sir,
1. We are the practicing advocates in Allahabad High Court and bringing this urgent matter for your kind consideration.
2. A social activist Javed Mohammad has been arrested in the night of 10th of June, an F.I.R. has been lodged at P.S. Khuldabad in Case Crime No. 0118 of 2022 dated 11.06.2022.
3. The Prayagraj Development Authority has decided to bulldoze his house situated in J.K. Ashiyana, Kareli, Prayagraj.
4. Javed Mohammad is not the owner of the house in which he had his family resides.
5. The owner of the house is Smt. Parveen Fatima who is the wife of Javed Mohammad and the house has been gifted to her by her parents before marriage.
6. Since Javed Mohammad has no ownership over the land and the building which is selected and targeted for demolition, any attempt by the District and Police Administration and the Development Authority to demolish that house will be against the basic principle of law and a grave injustice to the wife and children of Javed Mohammad.
7. To justify the act of demolition, the Prayagraj Development Authority has pasted the notice on the wall of the house of Parveen Fatima yesterday i.e. on 11.06.2022 and in the said notice mention of some back date has been made regarding the issuance of show cause which was never received either by Javed Mohammad or his wife Parveen Fatima.
8. That section 26 of the U.P. Urban Planning and Development act, 1973 deals with the penalties which runs from 26 to 26A, C, B, D.
9. That section 21-A of the act of 1973 deals with power to seal unauthorized development and section 20a-A (4) gives power to the aggrieved person to make an appeal before the Chairman if any order of sealing has been passed by the vice Chairman of the authority.
10. That demolition is the last resort for the officers and before that, the act provides for the compounding of the illegal construction, sealing of the property and confiscation of it.
11. That according to the Criminal Jurisprudence, criminal liability is individual liability to the person who commits and his or her family members cannot be punished for any act of violence or illegal / criminal activity by any person.
12. That it is pertinent to mentioned here that the aforesaid house was constructed approximately 20 years before and in the area where is was situated mostly are constructed without any sanctioned map but the demolition of the house of Mrs. Parveen Fatima is totally illegal and a pick and choose exercise which is unjust and arbitrary.
13. That it is also pertinent to mentioned here that no notices are opportunity have ever been given to the Parveen Fatima or any other person having house in the same area without any sanction map.
14. That an e-mail was send earlier was incomplete hence kindly be pleased to replace the earlier letter petition from present so that justice may be done.
15. That the entire act of bulldozing the building is against the provision of the act and violative of Article 14 and 21 of the Constitution.
PRAYER
1. It is therefore most respectfully prayed that this Hon’ble Court may direct the authorities of Prayag Development Authority to place all documents showing the ownership of property in favor of Javed Mohammad (39C/2A/1). J.K. Ashiyana Colony, Kareli, Prayagraj.
2. Issue a suitable order directing the Prayagraj Development Authority to place the record showing the issuance of notice in the name of Javed Mohammad on 10.05.2022, fixing hearing date as 24.06.2022 in its notice dated 10.06.2022.
3. Issue a suitable order directing the authorities of Prayagraj Development Authority to reconstruct the house of Parveen Fatima situated at (39C/2A/1), J.K. Ashiyana Colony, Kareli, Prayagraj which was razed to the ground by the ground by the bulldozer in the garb of demolishing the house of Javed Mohammad.
4. Issue a suitable order directing the State of U.P., District Magistrate and Vice Chairman of the Prayagraj Development Authority to pay heavy compensation to Parveen Fatima and her children for the embarrassment, harassment, indignity she felt and reducing them as homeless.
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