Uttarakhand

The Supreme Court has banned illegal construction for 2 weeks by a BJP MLA in Roorkee

The Supreme Court was adjourned for two weeks to break up an illegal construction demolition case led by BJP MLA Pradeep Batra of Roorkee. The SC bench headed by Justice AM Khanwilkar asked the MLA to be transferred to the High Court at his request.

The bench was represented by Senior Advocate Mukul Rohatgir. The lawyer said the MLA himself would remove all illegal constructions after inspection and identification by the Rurki-Haridwar municipal authorities.

Rohatgi, with the help of lawyer Gagan Gupta, also admitted that if Batra could not demolish the unauthorized structures within a week of the municipal authorities’ identification, the authorities would be free to demolish it with the help of local police.

Accepting these submissions on record, the bench, including Justice BR Gavai, agreed to give the MLA two weeks to go to the Uttarakhand High Court with a formal application in the matter.

The court ordered the stay to be suspended for two weeks, but also clarified that it did not disclose any qualifications regarding the content of the bat. The court said, “The High Court is free to accept or reject the advice / proposal given by the petitioners.” We are not commenting on the merits of that statement. ”

On December 24, the High Court cleared the way for the destruction of a large part of Batra’s property in Roorkee. His application was rejected. After payment for illegal construction identified by the municipal authorities, a request to settle the dispute has been pending since 2017.

The High Court said that the authority had issued an order on December 16 and therefore there was no need to wait for the disposal of Batra’s application to reduce the irregularities. The order came in 2017 on the basis of a Public Interest Litigation (PIL) by Gaurav Pundir.

Pundi alleged that the MLA and his family had illegally constructed a building on Rurki’s ‘Nazul’ land (government controlled land). PIL further said that various notices and orders regarding illegal construction had been issued by the Batra Municipal Authority since 2015, but the MLA went ahead with further construction work.

Subsequently, the High Court also held hearings on Batra’s material and municipal authorities before proceeding with the demolition process.

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