Is Nuh demolition targeting a particular community, stop if not as per law: Punjab and Haryana HC

The court asked the state government to file an affidavit on how many buildings had been demolished, and if any notice was issued before demolition.

Taking suo motu cognizance of reports in The Indian Express and Times of India, the court said: “It has come to our notice that the State of Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh. 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.”

“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,” it said.

Citing the news reports, the court said: “The action is stated to be on account of the fact that the individuals involved in the anti-social activities had made illegal constructions… 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 bulldozers are part of illaj (treatment) since the government is probing communal violence… Lord Acton has stated ‘power tends to corrupt and absolute power corrupts absolutely’.”

Setting the next hearing for August 11, the Bench appointed Advocate Kshitij Sharma as amicus curiae to assist the court.

A PTI report quoted Nuh Deputy Commissioner Dhirender Khargata as saying: “I have ordered the officials to stop the drive against illegal construction.”

The district of Nuh saw communal violence on July 31, during a yatra organised by the VHP and Bajrang Dal. Six persons, including two home guards, were killed in the clashes.

The demolition drive began on August 3; residents have alleged that they did not receive prior notice. Many “unauthorised” shanties, temporary shops and some concrete structures have been razed.