3 days ago
Nagpur HC Questions NMC Ignorance Of Bulldozer Demolition Guidelines
The Supreme Court created rules to make sure demolitions follow legal procedures.
These rules usually require authorities to give notice and hear affected people first.
Officials in Nagpur said they did not know about the rules when some properties were partly demolished.
The High Court found this explanation difficult to believe.
The judges noted that the ruling had been widely reported in the news.
The officials apologized and promised to follow the rules in the future.
The court also questioned why this demolition happened so quickly compared with other illegal constructions.
It has asked the officials to explain their position in new affidavits.
The Nagpur Bench criticized NMC officials for claiming ignorance of the Supreme Court’s demolition guidelines.
The court said the November 13, 2024, ruling had received widespread media coverage.
NMC officials acknowledged the guidelines applied but blamed noncompliance on lack of knowledge and no circular.
The case concerns partial demolitions involving petitioners linked through relatives to the March 2025 Nagpur riots.
The court ordered separate affidavits by September 4 explaining or clarifying the officials’ earlier position.
- Who
- The Nagpur Bench of the Bombay High Court, Nagpur Municipal Corporation officials, and petitioners Mehrunissa Shamim Khan and Abdul Hafiz.
- What
- The court questioned NMC officials’ claim that they were unaware of Supreme Court safeguards governing demolitions.
- Where
- Nagpur, before the Nagpur Bench of the Bombay High Court.
- When
- The Supreme Court issued the guidelines on November 13, 2024; the demolition notice was issued on March 31, 2025; affidavits are due by September 4.
- Why
- The proceedings concern partial demolitions carried out after relatives of some property owners were linked to the March 2025 Nagpur riots.
High Court’s Concerns
NMC Officials’ Explanation
Knowledge of Supreme Court guidelines
High Court’s Concerns
The judges said it was difficult to believe officials, including an IAS officer, were unaware of a widely reported ruling issued about four months earlier.
NMC Officials’ Explanation
The officials said they lacked knowledge of the ruling because no circular had communicated it to them.
Legality of the demolitions
High Court’s Concerns
The court emphasized that authorities must generally provide notice and an opportunity to be heard before demolishing structures, and questioned whether NMC followed the safeguards.
NMC Officials’ Explanation
NMC said it had acted according to the prevailing statutory provisions, while acknowledging that the Supreme Court directions applied to the case.
Speed and selectivity of enforcement
High Court’s Concerns
The judges questioned why NMC acted so quickly in this matter and whether it treated the property selectively compared with other unauthorized constructions.
NMC Officials’ Explanation
NMC was asked to provide enforcement data; the reported record showed no similar immediate demolition in the preceding 10 years, but the civic body must clarify its position.
Key facts
- Court
- Nagpur Bench of the Bombay High Court
- Civic body
- Nagpur Municipal Corporation
- Supreme Court ruling
- Issued November 13, 2024, with safeguards against arbitrary demolitions
- Demolition notice
- Issued March 31, 2025
- Petitioners
- 69-year-old Mehrunissa Shamim Khan and 96-year-old Abdul Hafiz
- Officials’ response
- They cited lack of knowledge, tendered an unconditional apology, and promised future compliance
- Next requirement
- Concerned NMC officials must file separate affidavits by September 4
Quotes
Nagpur Bench of the Bombay High Court
The division bench hearing the petition against demolitions by Nagpur Municipal Corporation
“even a layman has got the knowledge about such decision.”
freepressjournal.in
Sources
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