If any respondents fail to appear before the Tribunal, it can attach their property, and direct the authorities to publish their names, addresses and photographs with a warning to the public not to purchase any property of the respondents. This is of course, the backdoor way in which the UP government is trying to legitimise its idea of putting up hoardings in Lucknow and other cities with these personal details.

Section 18 of the ordinance seems to indicate that respondents will not be allowed to have a lawyer represent them unless the Claims Tribunal allows this in its discretion. The Tribunal is supposed to follow principles of natural justice, and record whatever evidence is required to arrive at its conclusions. When it passes an order, it has to record the reasons for its findings, specify the amount of compensation to be paid to the owner of the damaged property and who exactly is to receive the compensation amount.

Again, the ordinance provides for a ‘name and shame’ system here, as authorities are directed to publish the respondents’ names, addresses and photographs warning the public not to purchase the property attached.

Why UP Name & Shame Banners Were Brought Down – And Must Stay Down

This was, in fact, what happened to activist Deepak Kabir, one of the 57 people whose details were put up on hoardings in Lucknow. He told The Quint that he had been unable to present his case to the authorities who had sent him a notice for compensation because he had been arrested for his alleged involvement, and only got bail afterwards.

All these issues should provide strong grounds to challenge the ordinance in the Allahabad High Court, or even the Supreme Court of India.

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What Is Yogi Govt’s Property Damage Ordinance for and Is it Legal?

From allowing ex parte hearings, to legitimising name and shame hoardings, here’s what the UP ordinance says.

Vakasha Sachdev

Published: 16 Mar 2020, 9:46 PM IST

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