Noted lawyer Salman Khurshid on Wednesday argued on behalf of a Banbhoolpura resident in the Uttarakhand High Court saying his client should have been granted 15 days' time to file a reply in the court before the demolition was carried out in the area.
Demolition of "illegal structures" had sparked violence in Banbhoolpura on February 8 which claimed six lives and left more than a 100 people injured, including police and journalists.
Khurshid argued that although the demolition was done and as such no relief can be granted to the petitioner, it was not done following the due legal process.
He claimed that the demolition was done four days after a notice was served upon the petitioner, even though as per the process of law, 15 days should have been granted to them to file a reply.
Khurshid argued via video conferencing in the court on behalf of the petitioner Safiya Malik, who is the wife of Abdul Malik, the main accused in Haldwani violence.
A single judge bench of Justice Manoj Kumar Tiwari questioned the petitioner how the construction could be carried out at the site when the property in question had been leased out by the government as an agricultural land.
The court also maintained that the process of freehold in agricultural land is different. If construction is made upon such land, then the lease is suspended by itself.
Without going into the question of whether the lease was valid or not, the court called for a counter affidavit by the government.
The next hearing in the case will be held in the second week of May.
Malik had filed the petition before the Court on February 8 pleading that the demolition must be stopped.
However, the high court did not intervene in the matter and the demolition was executed on the ground that the construction in question stood upon Nazul land.
