Law & Order Problem Being Used As Ruse To Bring Down Buildings Without Following Procedure As Per Law: P&H High Court Stays Nuh & Gurugram Demolitions

The Punjab and Haryana High Court held that if any demolitions are being executed without following the due procedure of law, such ought to be halted immediately.

The Court held, "Apparently, without any demolition orders and notices, the law and order problem is being used as a ruse to bring down buildings without following the procedure established by law. The issue also  arises whether the buildings belonging to a particular community are being brought down under the guise of law and order problem and an exercise of ethnic cleansing is being conducted by the State."

Therefore, the Court directed the State of Haryana to submit an affidavit specifying whether notice was issued before demolition of these buildings. 

The Bench comprising Justice G.S. Sandhawalia and Justice Harpreet Kaur Jeewan observed, “We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law. Accordingly, we issue directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in last two weeks, both in Nuh and Gurugram and whether any notice was issued before demolition. If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law”.

Advocate General Baldev R. Mahajan with Additional Advocate General Deepak Sabherwal and Senior Deputy Advocate General Shruti Jain Goyal appeared in the matter.

The Court took sou moto cognizance regarding demolitions being carried out in two districts of Haryana; Nuh and Gurugram. Two news agencies covered the incidents stating that the individuals were involved in anti-social activities and had illegally constructed buildings next to a hospital. The demolition of these buildings was being carried out by the order of the Home Minister and the government was probing communal violence.

The Court took note of the news item which presented that demolitions are being carried out in two districts i.e. Nuh and Gurugram. The action is stated to be on account of the fact that the individuals involved in the anti social activities had made illegal constructions. The said news item would go on to show that buildings next to the hospital in the form of commercial buildings, residential buildings, restaurants which were in existence for a long time have been brought down by bulldozers. The news item also says that the Home Minister himself has said that bulldozer are part of illaj (treatment) since the Government is probing communal violence. The said news items are appending alongwith the file for ready reference.

The Court noted that there are two issues to be ascertained Whether the buildings belonging to a particular community were being brought down under the guise of a law and order problem and Whether an exercise of ethnic cleansing was being conducted by the State.

"We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law. Accordingly, we issue directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in last two weeks, both in Nuh and Gurugram and whether any notice was issued before demolition. If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law," the Bench directed.

Accordingly, the Court listed the matter for August 11.

Cause Title: Court on its Own Motion vs. State of Haryana

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