The Uttarakhand High Court has temporarily stayed the demolition of the house of a man accused of sexually assaulting a 12-year-old girl, citing humanitarian considerations during the winter season.
The interim relief was granted by a division bench of Chief Justice G. Narendar and Justice Alok Mahra while hearing a petition filed by Husn Begum, wife of the accused Usman Khan.
In her plea, Begum challenged a notice issued by the District Development Authority (DDA) directing the family to vacate their house, which was proposed to be demolished. She contended that the action was selective and arbitrary.
Her counsel submitted that several other houses in the same locality were also allegedly illegally constructed, yet no similar notices had been issued to those occupants. This, according to the petitioner, raised serious questions about discrimination and targeting.
Opposing the plea, the DDA told the court that it was taking lawful action against encroachments in compliance with directions issued by the Supreme Court. The authority asserted that the land in question is forest land and that the accused does not possess any valid ownership or authorization documents.
The DDA further informed the bench that a notice had been issued earlier, the accused was given adequate opportunity of hearing, and his appeal had already been dismissed by the Commissioner.
After hearing both sides, the high court orally stayed the demolition of the house, taking note of the prevailing winter conditions. The bench directed the DDA to file its response to the petition by January 5, and listed the matter for further consideration.
