HC DIRECTS GOVT TO FILE REPLY ON VALIDITY OF ORDINANCE ON DAMAGE

PRAYAGRAJ: The Allahabad High Court on Wednesday directed state government to file counter affidavit (reply) on a bunch of Public Interest Litigations (PILs), challenging the constitutional validity of the recently promulgated Uttar Pradesh Recovery of Damage to Public and Private Property Ordinance — 2020.The ordinance allows the state’s authorities to recover losses to public and private properties caused during riots, demonstrations, political rallies and illegal agitations. However, the state government can proceed to form claim tribunal in accordance with the ordinance as the court did not pass any order on the petitioner’s application, seeking stay on operation of the ordinance.

The high court asked the state government to file counter affidavit on or before March 25 while posting the matter for next hearing on March 27.

The bench comprising chief justice Govind Mathur

and Samit Gopal passed the order while hearing arguments on the petitions, challenging the constitutional validity of the recently promulgated UP Recovery of Damages to Public and Private Property Ordinance- 2020.

According to the petitioners, the ordinance is in violation of right to privacy. Also, state government cannot make a law on the subject as central act on recovery of damages to public property already exists, they contended.

The ordinance provides for the constitution of quasi-judicial bodies to assess damages to public and private properties, caused during public protests and to recover the same from the protesters.It was promulgated on March 15, after the Allahabad HC came down on the UP administration for erecting banners in public places, displaying names, photographs and addresses of persons, accused of committing violence during anti-CAA protests.