Punjab & Haryana High Court put a stay on ongoing demolitions being conducted by State of Haryana.
PUNJAB & HARYANA HIGH COURT
Court on its Own Motion
Vs.
State of Haryana
CWP-PIL 68 of 2023
Coram HON’BLE MR, G.S.(SANDHAWALIA); HARPREET KAUR JEEWAN
DATE: 07.08.2023
FACTS:
Today’s news articles featured in both “Times of India” and “The Indian Express” highlight ongoing demolitions occurring in two districts, namely Nuh and Gurugram. These actions are being taken due to the discovery that individuals engaged in anti-social activities had constructed illegal structures. The reports reveal that various structures, such as commercial buildings, residential complexes, and restaurants located near a hospital, which had been in existence for a significant duration, have been dismantled using bulldozers. The news pieces also mention that the Home Minister himself commented that the use of bulldozers is a form of “illaj” (treatment), as the government is investigating cases of communal violence. The provided news items have been included as attachments with the file for easy reference.
COURT ANALYSIS AND DECISION:
The court found it necessary to formally notify the State that we have become aware of the State of Haryana employing force to carry out the demolition of structures. This action appears to be a response to recent riots in Gurugram and Nuh. It seems that these demolitions are being conducted without proper demolition orders or prior notices. The pretext of maintaining law and order is being utilized as a justification to bring down buildings, bypassing the established legal procedures. This raises concerns about whether buildings affiliated with a specific community are being targeted under the guise of law enforcement, potentially indicating an attempt at ethnic cleansing by the State. The court firmly believed that the Constitution of India provides protection to all citizens of the nation, and any demolitions must adhere to the legal procedures set in place. The prescribed legal procedures must be followed before any such demolitions are carried out.
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Written by- Srijan Garg