#SupremeCourt to hear plea seeking direction to quash and stay notices sent by Uttar Pradesh Government to recover damages for the public loss caused to public property by alleged protestors on account of protests against the Citizenship Amendment Act, 2019 [CAA]/#NRC.
#CAA
#CAA
Earlier, the #SupremeCourt had suggested Uttar Pradesh government to withdraw notices and initiate new proceedings for recovering damages for the loss of public property during CAA-NRC protests.
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Senior Advocate Garima Prashad- With your Lordships earlier order, the state government has complied and all the proceedings have been withdrawn with direction to all the magistrate. All these 274 files have been sent to claims tribunal.
Bench- We appreciate this gesture.
Bench- We appreciate this gesture.
Prashad- Milords, now under the new act the procedure may be started.
There has not even been a single incident of damaging the property since this new act has come.
There has not even been a single incident of damaging the property since this new act has come.
Adv Nilofar Khan- The constitutionality and challenge to this new law shall be open.
J Chandrachud- We don't have to say anything in this regards because that issue is not before us.
J Chandrachud- We don't have to say anything in this regards because that issue is not before us.
The State of Uttar Pradesh through Senior Advocate Garima Prasad, two government order has been issued through which the notices issued in connection with recovery of damage to public property has been withdrawn.
Order- In view of the enactment of the Uttar Pradesh Recovery of Damages to Public and Private Property Act 2020, it is stated that the matters will be referred to the claims tribunal.
Prashad- Milords there would be some challenge over the limitation under the claims tribunal, if your lordship may pass an order in this regard.
Order- The petition is disposed of. We appreciate the fair stand.
Order- The petition is disposed of. We appreciate the fair stand.
Order- In the event any recoveries since the orders in pursuance of the any recoveries which have been made in the mean time there shall be a refund of the same.
Prashad- Milords, status quo may be maintained in this regard, otherwise the message will not go.
Prashad- Milords, status quo may be maintained in this regard, otherwise the message will not go.
Order- We cannot pass an order contrary to law.
Prashad- we are in your Lordships hand, but the order for refund, these amounts and attachment will remain as a security, the message that will go is that the amount has been refunded all the proceedings were illegal.
Prashad- we are in your Lordships hand, but the order for refund, these amounts and attachment will remain as a security, the message that will go is that the amount has been refunded all the proceedings were illegal.
J Chandrachud- We have told you that you can move further under the act.
As we said there is a certain category of cases where we don't allow refund but those are the cases where the burden is passed on.
As we said there is a certain category of cases where we don't allow refund but those are the cases where the burden is passed on.
Prashad- It'll lead to serious consequences, the amount has been refunded, your lordships may allow us to take a decision in this aspect as well.
Prashad- So far as the refund is concerned your Lordships may leave the decision for the State, the State will take a positive decision.
J Chandrachud- Thank you Ms Prashad.
J Chandrachud- Thank you Ms Prashad.
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