[Prayagraj Demolition] "Building Was Used As 'Welfare Party Of India' Office, Had Javed's Nameplate": UP Govt Tells Allahabad HC

Defending its move to demolish the residence of Welfare Party Of India's leader Javed Pump (an accused in the Prayagraj violence case) by the district administration and Prayagraj Development Authority (PDA) on June 12, the UP Government has told the Allahabad High Court that the building had Pump's nameplate and the same was being used a party's office.This response has been filed by the State Govt pursuant to the Allahabad High Court's June 28 order wherein it had sought its reply on the plea moved by the wife of the Prayagraj Violence (June 10) accused Javed Mohammad.In her plea, Fatima, the wife of accused Javed Mohammad, has averred that the demolished house was in her name and was gifted to her by her father and she had all the valid documents in connection with the now-demolished house, however, she has stated, that the house was demolished without giving them any notice.UP Government's responseThe State Government has submitted that Javed Mohammad was residing in the same building along with his wife and he was residing in the same house which is apparent from the nameplate affixed on the building as well as signboard of the party office, which was being run by Javed Mohammad. "Thus, the building was not being used for residential purposes but it was the office of Welfare Party of India of which Javed Mohammad was the State Secretary which is apparent from the perusal of the signboard affixed on the building...merely by paying the house tax, water tax and electricity bill it cannot be said that the building was owned by the said person, who has paid the aforesaid tax and bills (referring to his wife). As a matter of fact, in the register of Nagar Nigam, Prayagraj the name of petitioner no.1 (Parveen Fatima) is mentioned in the column of occupier and not as the owner of the building," it has been submitted.It has also been submitted that some complaints were made by the residents of Kareli to the Prayagraj Development Authority, Prayagraj in respect of unauthorized office use in a residential area as well as illegal construction and encroachment. The reply also refers to a complaint made by the residents of the area in which it was stated that the construction of the building was done without a sanction map from the Development Authority and the premises was being used commercially by the 'Welfare Party of India' in contravention of land used norms. State Government has also stated in the complaint that the people kept coming and going all the times of day and night and park their vehicles on the road creating a constant problem for the residents. A request was made in the complaint to enquire into the matter and to take necessary action.It has further been submitted that a notice was attempted to be given to Javed Mohammad on May 10 giving him a personal hearing in connection with the unauthorized construction, his family members refused to accept the notice and therefore, a notice was pasted on the building's wall.Lastly, stressing that the demolition process was legally undertaken, the UP Govt and PDA have defended their move to demolish the alleged illegal construction. About the case and Fatima's pleaFor the uninitiated, the Prayagraj Local authorities had demolished the home of Javed Mohammad, a leader of the Welfare Party of India and the father of activist Afreen Fatima on June 12.Javed Mohammad had been named as a key conspirator by the Uttar Pradesh police alleging that he had given a call for the protest (in Prayagraj) against the controversial statements of BJP leader on the Prophet Mohammad.He was arrested on June 10 and thereafter, his wife and daughter were also detained, however, they were released subsequently. Further, on June 11 a notice was given by the Municipal Authorities stating that the house in question shall be demolished and they should vacate the house. Consequently, on June 12, the house was demolished completely.In her plea, Fatima has stated that the allegation of the Prayagraj Development Authority that the map of the house had not been sanctioned and as such the construction was illegal, isn't true.In fact, she has contended that they had no occasion to reply to this allegation as they did not receive any notice. She also stressed that she had been regularly paying all the house tax, water tax, and electricity bills of the house and at no juncture, any objection was raised by the departments.Raising questions over the way her house was demolished, she has stated in her plea thus:"Petitioner No.1's husband – Javed Mohammad has been mentioned in the FIR, the authorities issue notice for demolition in his name when he is not the owner of the house. This act of the authorities shows that they did not even inquire about ownership of the house and targeted demolition only because of alleged mention of name of Javed Mohammad in the FIR. This fact also shows that the real reason was not violation of any law but the so-called stone pelting. The Petitioners also submit that...

[Prayagraj Demolition] "Building Was Used As 'Welfare Party Of India' Office, Had Javed's Nameplate": UP Govt Tells Allahabad HC

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