HC directs govt to file affidavit in petition against demolition

ON FEB 8, CIVIC BODY OFFICIALS RAZED TWO STRUCTURES ALLEGING THEY WERE BUILT ILLEGALLY ON GOVT LAND

DEHRADUN: Uttarakhand high court on Wednesday directed the state government and Haldwani municipal corporation to file a counter affidavit within four weeks on a plea filed by the occupant of the “nazul” land — where the demolition of two structures by the Haldwani civic body on February 8 snowballed into clashes between locals and authorities — in Banbhoolpura locality of Haldwani.

Salman Khurshid, who appeared on behalf of petitioner Safia Malik (Abdul Malik’s wife), said the due procedure for demolition wasn’t followed by the Haldwani municipal corporation while razing the structures.

Ashish Joshi, counsel of Haldwani municipal corporation, argued that the lease of the nazul land had already expired and no relevant documents were produced by the occupant before the demolition.

SN Babulkar, advocate general, representing state government said, “The high court has directed the state government to file a counter affidavit within four weeks and petitioner to file a rejoinder affidavit within two weeks. The due process in the demolition was followed by the state government.”

The court fixed the matter for next hearing on May 8.

Safia Malik had moved the Uttarakhand high court on February 6 against the civic body’s demolition notice (dated January 30) of the two structures, claiming that the said property has been with her family since 1994, and she and her husband Abdul Malik have been taking care of the property after the demise of her father.

“The land was granted on lease to one Mohammad Yasseen by the then colonial government for agricultural purposes on January 7, 1937. The lease was initially given for 10 years. But it continued to be renewed regularly. Subsequently, Yasseen sold the plot to Akhtari Begum and Nabi Raza Khan. In 1994, Begum gifted it to Abdul Haneef Khan, Safia Malik’s father, by the virtue of an oral gift (hiba),” Ahrar Baig, Safia Malik’s counsel, has said in the petition.

In 2006, Abdul Haneef Khan had approached the Nainital district administration seeking freehold rights of the land after its lease expired, the lawyer said. “But he didn’t get any reply from the district administration. In 2007, he filed a writ petition in the high court seeking directions to the authorities to grant him freehold rights. On August 18, 2007, the high court issued directions to the Nainital collector for a resolution. But despite that order, the freehold rights were not processed,” Baig added.