NAGPUR: The Nagpur Municipal Corporation (NMC) chief Abhijeet Chaudhari admitted that civic officials, including town planning and slum departments, were unaware of the apex court's order mandating procedural safeguards before razing properties linked to riot accused.
"My inquiry revealed that neither the competent authority nor the executive engineers were aware of the directive, and no circular was issued under the Slum Act, 1971," he said.
The civic chief further noted the police sought details of properties owned by riot accused and sought verification of their building plans. Based on this, the Mahal Zone office inspected the structures and found that these lacked sanctioned approvals. Showcause notices were issued under the Slum Act, and demolition action proceeded after 24 hours without knowledge of SC guidelines. Incidentally, Mahal area was the epicentre of the Nagpur riots.
"On March 21, the police commissioner reiterated his request to take action against the properties of rioters in accordance with law if these were illegal. Accordingly, the assistant commissioner of Mahal Zone inspected properties and found that homes of both petitioners, were prima facie built without sanctioned plans," Chaudhari said.
Appearing for NMC, senior counsel Subodh Dharmadhikari and Jemini Kasat confirmed that the top court had asked states and union territories to circulate its demolition-related guidelines to district magistrates and local authorities. "Since no such circular was received from the Maharashtra govt, our officers continued acting under the applicable state laws," they said.
The court, while noting the lapse, granted the Maharashtra govt a final opportunity to respond within two weeks and explain why it failed to circulate the Supreme Court's order to its municipal bodies. A division bench of Justices Nitin Sambre and Vrushali Joshi adjourned the matter after additional govt pleader Deepak Thakare sought time to file the state's reply.
In his closing remarks, NMC chief Chaudhari clarified that the civic body did not act with malice but rather under emergency circumstances post-riots, operating under statutory provisions. "I assure the court that henceforth, all Supreme Court directives will be followed in letter and spirit," he said.
"My inquiry revealed that neither the competent authority nor the executive engineers were aware of the directive, and no circular was issued under the Slum Act, 1971," he said.
The civic chief further noted the police sought details of properties owned by riot accused and sought verification of their building plans. Based on this, the Mahal Zone office inspected the structures and found that these lacked sanctioned approvals. Showcause notices were issued under the Slum Act, and demolition action proceeded after 24 hours without knowledge of SC guidelines. Incidentally, Mahal area was the epicentre of the Nagpur riots.
"On March 21, the police commissioner reiterated his request to take action against the properties of rioters in accordance with law if these were illegal. Accordingly, the assistant commissioner of Mahal Zone inspected properties and found that homes of both petitioners, were prima facie built without sanctioned plans," Chaudhari said.
Appearing for NMC, senior counsel Subodh Dharmadhikari and Jemini Kasat confirmed that the top court had asked states and union territories to circulate its demolition-related guidelines to district magistrates and local authorities. "Since no such circular was received from the Maharashtra govt, our officers continued acting under the applicable state laws," they said.
The court, while noting the lapse, granted the Maharashtra govt a final opportunity to respond within two weeks and explain why it failed to circulate the Supreme Court's order to its municipal bodies. A division bench of Justices Nitin Sambre and Vrushali Joshi adjourned the matter after additional govt pleader Deepak Thakare sought time to file the state's reply.
In his closing remarks, NMC chief Chaudhari clarified that the civic body did not act with malice but rather under emergency circumstances post-riots, operating under statutory provisions. "I assure the court that henceforth, all Supreme Court directives will be followed in letter and spirit," he said.
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