Hear widow before ordering demolition : HC tells ASI

Written By Unknown on Sabtu, 02 Februari 2013 | 22.23

MUMBAI: Bombay High Court has asked the Archaeological Survey of India give an opportunity of hearing to adivasi woman before directing demolition her house in the vicinity of a protected Buddhist stupa in suburban Nalla Sopara.

A division bench headed by Justice S J Vazifdar heard a petition by Sunanda Sitad, an adivasi widow ,challenging the show-cause notice dated February 8, 2010 to demolish 5000 square feet house saying it is an encroachment built upon a mound. The stupawas declared a historical monument.

Her advocate S G Deshmukh argued that house is over 100 years and she has been paying taxes to the regularly to Vasai Virar Municipal Corporation. Her husband looked after the maintainance of the stupa. Her son works with ASI,''he added. He said Sitad is willing to shift outside the prohibited area provided the Corporation rehabilitates her. He urged the court to meanwhile protect her from demolition of her home. She is poor, '' he said. The court had earlier directed a status quo to be maintained.

In their December 2012 order, the judges said it would be appropriate for the ASI to pass a final order after giving an opportunity of hearing. The judges directed the ASI's superintending archaeologist to hear the widow and pass an order.

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