The Nagpur bench of the Bombay high court on Monday ordered a stay on the demolition of the houses of two accused, including Fahim Khan, in the violence case, rapping the administration for "high-handedness".
While Khan's two-storey house was razed before the high court passed the order in the afternoon, authorities halted the demolition of the illegal portions of the other accused Yusuf Sheikh's house following the court's directive.
The duo had moved the high court on Monday against the demolition seeking an urgent hearing.
A division bench of Justices Nitin Sambre and Vrushali Joshi heard the pleas.
The bench questioned why the owners of the houses were not given a hearing before demolishing alleged illegal portions.
The action was taken in a high-handedness manner, without giving a hearing to the owners of the property, the bench noted.
Advocate Ashwin Ingole, appearing for Khan, said the court has sought a response from the government and civic authorities and posted the matter for further hearing on April 15.
The bench said if it comes to the conclusion that the demolition was carried out illegally then the authorities would have to pay for the damage caused, Ingole claimed.
Amid heavy police security, civic authorities on Monday morning demolished Khan's house for unauthorised construction.
Authorities had started removing an illegally constructed portion of Yusuf Sheikh's house in Mahal area, the epicentre of the March 17 violence.
Fahim Khan, a leader of the Minority Democratic Party, was booked for sedition. He is among over 100 persons arrested for the violence.
A few days back, the Nagpur Municipal Corporation had issued a notice to Khan, citing various lapses and the lack of the building plan approval (for his house), sources said.
At around 10.30 am on Monday, three earth-moving machines of the Nagpur Municipal Corporation started demolishing his house, located at Sanjay Bagh Colony in Yashodhara Nagar area here, amid heavy security and drone surveillance in the entire area.
The house, registered in the name of Khan's mother, was located on a plot of Nagpur Improvement Trust (Lease) and the lease ended in 2020, a civic official said.
There was no sanction plan for the building and the entire construction was unauthorised, the official said, adding the action was being taken under the MRTP Act.
A notice of demolition was given 24 hours prior to the action, the official said.
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