Daijiworld Media Network – Mumbai
Mumbai, May 20: The Aurangabad Bench of the Bombay High Court has raised serious questions over the demolition drive carried out by the Chhatrapati Sambhajinagar Municipal Corporation (CSMC) in connection with the search for Nashik TCS case accused Nida Khan, observing that due procedure did not appear to have been followed.
The court was hearing petitions filed by local resident Hanif Khan and AIMIM corporator Matin Patel, whose properties were among those demolished during a pre-dawn operation conducted by civic authorities on May 13.
Hanif Khan, a 31-year-old handyman, alleged before the court that his newly purchased house was wrongly demolished during the drive. According to him, the 600 sq ft property in Kauser Bagh area had been bought just two months ago using his family’s lifetime savings.
Court documents submitted by Khan reportedly show that he and his brother-in-law had purchased the property for Rs 27 lakh through a registered sale deed executed on March 12 this year.
The demolition drive targeted properties allegedly linked to AIMIM corporator Matin Patel, as well as the house where Nida Khan — one of the accused in the Nashik TCS conversion case — had reportedly been staying while police were searching for her.
Khan claimed that Patel, whom he described as a local acquaintance and political figure, had sought temporary permission to use the house for some guests earlier this month. Nida Khan was later arrested from the premises by police on May 8.
A day after the arrest, the municipal corporation issued a notice declaring the structure illegal and alleging lack of municipal permissions.
In their petition before the High Court, Khan and his relatives alleged that the original notice was issued in the name of “Matin Shaikh”, purportedly referring to Matin Patel, and that their names were later handwritten onto the document before it was pasted on the property.
Apart from Khan’s house, neighbouring structures including a building materials shop and another residential property were also demolished during the operation.
Meanwhile, in a separate plea, corporator Matin Patel claimed that his family-owned properties had existed since 1992 and that all applicable taxes had been regularly paid. He further alleged that the demolition was politically motivated, stating that AIMIM is the principal opposition party in the municipal corporation.
Both Khan and Patel had earlier approached civic authorities seeking additional time to submit ownership and permission-related documents, arguing that the three-day deadline provided in the notices was unreasonable. They had also moved the High Court seeking protection from demolition action.
According to the petitioners’ counsel, during the hearing on May 12, the CSMC’s lawyer had orally assured the court that no action would be taken for seven days. However, authorities allegedly pasted a fresh 24-hour notice on the structures the same day and proceeded with the demolition even before the deadline expired.
The petitioners argued before the court that mandatory safeguards laid down by the Supreme Court regarding demolition actions were violated and that the civic body acted arbitrarily.
Taking note of the submissions, the High Court allowed the petitioners to amend their pleas to challenge not just the notices but also the legality of the demolition itself, since the structures had already been razed.
The municipal corporation, however, maintained that due procedures were followed and claimed the demolished structures were unauthorised. Civic officials declined detailed comments, citing the matter being sub judice.