Salman Khurshid argued on behalf of petitioner Safia Malik in court through video conferencing
Reportedly senior advocate salman Khurshid, representing a resident of Banbhulpura in the uttarakhand high court, on wednesday argued that his client should have been given 15 days to file a reply in the court before removing the encroachment. Violence broke out in the area on february 8 due to the demolition of 'illegal structures' in Banbhulpura. Six people were killed in this violence and more than 100 people including police and journalists were injured.
Meanwhile Khurshid argued that since the demolition action has already been taken, no relief can be given to the petitioner, but this was not done following the proper legal procedure. He claimed that the demolition action was taken four days after notice was given to the petitioner, whereas under the law he should have been given 15 days to file his reply. Perhaps Khurshid argued on behalf of petitioner Safia Malik in the court through video conferencing. According to the police, Safia Malik's husband Abdul Malik is the main accused in the Haldwani violence. A single bench of Justice Manoj Kumar Tiwari questioned the petitioner as to how construction could be carried out at the site when the disputed property was given on lease by the government as agricultural land.
Moreover the court also said that the process of free-hold on agricultural land is different and if construction is done on such land then the lease is automatically suspended. Without delving into the question of whether the lease was valid or not, the court directed the government to file a counter affidavit. The next hearing on this case will be in the second week of May. Malik had filed a petition in the court on february 8 and requested to stop the demolition. However, the high court did not interfere in the matter and the demolition was carried out on the grounds that the construction in question was on Nazul land.