“Demolition Notice Served On Husband’s Name Not Valid When Wife Is The Actual Property Owner”: Lawyers Move Allahabad High Court Against “Illegal Demolition” Of Activist Afreen Fatima’s House

In yet another incident bulldozing rioters’ houses in UP, a group of lawyers has filed a petition in Allahabad High Court mentioning different discrepancies in the notice served on the name of the main accused in Prayagraj violence, Javed Mohammed.

In the writ petition, Advocate KK Roy representing Javed stated, “The demolition has taken place on dubious grounds. “The house is not in the name of Javed Mohammad, it is in the name of his wife Parveen Fatima. However, the notice served to the family has been served in the name of Javed. Another key point being that the notice served to the family is dated. No previous notice was given to them. Therefore, we have challenged this and have also written to the CJI demanding a compensation for the family and reconstruction of their home.”

The petition addressing Chief Justice of Allahabad High Court stated, “To justify the act of demolition, the Pragyaraj development authority has pasted the notice on the wall of the house of Parveen Fatima yesterday ie on 11.06.2022 and in the said notice mention of some back date has been made regarding the issuance of show cause notice which was never received either by Javed Mohammad or his wife Parveen Fatima.”

Javed’s family also questioned the authenticity of the notice which was served in the name of Javed whereas his wife Parveen Fatima owns the property. It was alleged that the notice served by Prayagraj Development Authority was not in the name of the actual owner of the property.

The family also stated that the building was constructed on ancestral property belonging to Javed’s wife, on which he has no legal claim.

The notice also lacks the official stamp and happens to read very vaguely.

Senior advocate Prashant Bhushan also shared a document signed by tax superintendent dated 28 January 2022 stating,” This is to certify that house no…in locality…Is registered under Parveen Fatima in the Nagar Nigam records. House tax has been paid for the above house for the financial year 2020-21. There are no pending dues.”

“Hastily Issued Demolition Notice Left No Opportunity For Legal Recourse”

It was also pointed out that the notice was pasted outside their home at 11 pm on June 11, a night before the demolition.

“It seems clear that the notice was hastily issued on a weekend night to ensure that the family has no opportunity for legal recourse, as proceedings before a court might uncover the many factual inconsistencies and inaccuracies in the notice,” said one of the family friends of Javed.

Javed’s daughter and an activist, Afreen Fatima raised questions against Prayagraj Development Authority’s action and claimed that her family had not received any notice regarding the illegal construction of the house.

Notice Mentions Demolition Orders Dated May 25

The demolition notice dated June 10 mentioned a prior notice that was issued on 10 May and its hearing was allegedly scheduled on May 24. Demolition orders were issued on May 25.

“On 25 May, the demolition order was issued and Javed Mohammad was apprised about it via notice that was pasted on his house. It was expected that you (Javed Mohammed) demolish the house and intimate us about the same by 9 June, which you didn’t.” reads the notice.

However, the claims were rejected by family and lawyers about receiving any prior notice and also alleged that circulars did not have any particulars about such proceedings.

“Demolition Totally Illegal”: Ex Chief Justice Of Allahabad HC

“This is totally illegal. Even if you assume for a moment that the construction was illegal, which by the way is how crores of Indians live, it is impermissible that you demolish a house on a Sunday when the residents are in custody. It is not a technical issue but a question of rule of law,” said Justice Govind Mathur, former Chief Justice of Allahabad High Court.

Who Is Afreen Fatima And Javed Muhammed?

Afreen Fatima is a former Jawaharlal Nehru University (JNU) student and an activist. She is also an ex-president of the students union of Women’s College, Aligarh Muslim University. Afreen also led anti-CAA/NRC protests in 2019 in Delhi’s Shaheen Bagh area.

Javed Muhammed is a political activist, businessman and leader of the Welfare Party of India. He was a prominent activist in anti-CAA protests.

Reason Behind Javed Muhammed’s Arrest And Bulldozing Action

Javed was arrested from his Kareli based residence on Friday for being the key conspirator in the Prayagraj violence. He was arrested a day before the demolition of his house. His wife Parveen Fatima and daughter Afreen Fatima were also arrested on Saturday but were released later.

The police alleged that he gave the call for Friday protests in Prayagraj against suspended BJP spokespersons Nupur Sharma and Naveen Jindal who allegedly insulted Prophet Muhammad.

 

Reportedly, 305 people have been arrested in Uttar Pradesh and a total of 13 first information reports (FIRs) have been lodged as of June 12, 2022. Among those detained, 91 are from Prayagraj, 71 are from Saharanpur, 51 are from Hathras, 34 are from Moradabad and Ambedkarnagar each, and 15 are from Ferozabad.

Also, civic bodies acted on the instructions and bulldozed houses of several accused who were allegedly involved in the riots that occurred in Kanpur, Saharanpur, and Prayagraj.

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