Published On : Thu, May 8th, 2025
By Nagpur Today Nagpur News

No Demolition Action for Now: High Court Extends Interim Relief in Mahal Riot-Linked Property Case

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Nagpur – In connection with the recent Mahal riot incident, where Yusuf Sheikh was arrested on charges of sedition, the Nagpur Municipal Corporation (NMC) also issued demolition notices to his family. The NMC cited illegal construction at his father’s property near Gandhi Gate, Mahal. Challenging this action, Yusuf’s father Abdul Hafeez Sheikh Lal filed a petition in the High Court. Several other related petitions were also filed and heard together.

Following a hearing on Thursday, the High Court stayed further proceedings and ordered that the interim relief granted earlier would remain in effect — meaning no demolition can be carried out for now. Advocate Ashwin Ingole represented the petitioner, while Advocate Jaimini Kasat appeared for the NMC. Notably, Advocate Arvind Waghmare also submitted an intervention plea, terming the municipal action as unlawful and against established procedures.

Supreme Court Guidelines Cited in Intervention Plea

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In the intervention plea, Advocate Waghmare referred to the High Court’s March 24, 2025, order, which acknowledged Supreme Court directives in matters related to demolition. According to these guidelines, local authorities must notify the District Magistrate and appoint a nodal officer for inspecting the concerned structure before any demolition. Paragraph 91-A (iv) of the judgment mandates that only this designated officer may evaluate the legality of the building.

Waghmare argued that it remains unclear whether the District Magistrate appointed such a nodal officer within the required time. If not, this could amount to contempt of the Supreme Court’s directives.

Petitioner Claims Legal Approval Was Obtained

During the hearing, Advocate Ashwin Ingole stated that the petitioner had applied for and received construction approval from the Assistant Commissioner of the Dhantoli Zone on January 14, 2002. Based on that approval, the petitioner constructed his home and currently resides there.

Nevertheless, on March 22, 2025, the NMC served a notice under the Maharashtra Slum Areas (Improvement, Clearance and Redevelopment) Act, 1971, claiming the construction lacked legal permission. The notice ordered the petitioner to demolish the structure within 24 hours.

With the High Court’s interim relief in place, demolition action is on hold until further hearings.

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