Nagpur: Following the communal riots in the Mahal area, sedition accused Yusuf Sheikh was arrested by the police. Simultaneously, the Nagpur Municipal Corporation (NMC) issued a demolition notice to his family, citing unauthorized construction at their ancestral property near Gandhigate.
Challenging this action, Yusuf’s father Abdul Hafeez Sheikh Lal filed a petition in the High Court. Multiple petitions were submitted on similar grounds and were heard collectively. After the hearing, the High Court ordered a stay on demolition and upheld interim relief, maintaining the status quo for now.
Advocate Ashwin Ingole represented the petitioner, while Advocate Jaimini Kasat argued on behalf of the municipal body.
Advocate Arvind Waghmare also filed an intervention application supporting the petitioner, calling the NMC’s action illegal and in violation of procedural norms.
Intervention Argument:
Waghmare argued that the High Court’s March 24, 2025 order referenced Supreme Court guidelines, which mandate that before any demolition, the local authorities must write to the District Magistrate, who is then required to appoint a nodal officer. Only a nodal officer appointed by the DM is authorized to inspect and evaluate the structure.
Waghmare raised concerns over whether the DM had appointed a nodal officer within the stipulated one-month timeframe. If not, he warned, the entire process could amount to contempt of court for ignoring Supreme Court directives.
Petitioner’s Stand:
During the hearing, Advocate Ingole stated that the petitioner had duly applied for construction permission, which was granted by the Assistant Commissioner of Dhantoli Zone on January 14, 2002. Based on this, the petitioner began construction and currently resides in the said premises.
Despite this, on March 22, 2025, a notice under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971 was issued, alleging unauthorized construction and directing self-demolition within 24 hours.