The Punjab & Haryana High Court remarked on Monday that buildings in Nuh and Gurugram are being demolished without the issuance of proper demolition orders and notices. [Court on its own motion v. State of Haryana].A Bench of Justices GS Sandhawalia and Harpreet Kaur Jeewan also expressed concern as to whether buildings owned by a specific community are being demolished, potentially indicating an ethnic cleansing effort by the State."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," the order passed on August 7 stated..Earlier today, the High Court took suo motu cognizance of and halted the demolition drives conducted in the Nuh district of Haryana following communal clashes that recently erupted..The Court relied on news reports in both Times of India and The Indian Express on Monday which depicted ongoing demolitions in Nuh and Gurugram. The authorities were quoted as saying that the demolition drives were being undertaken as individuals involved in anti-social activities had erected illegal constructions, the Court added."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...Lord Acton has stated “power tends to corrupt and absolute power corrupts absolutely”," the Court observed..Given these circumstances, the Court was compelled to issue notice to the State. The Court also directed the State of Haryana to file an affidavit detailing the number of buildings that have been demolished within the past two weeks, in both Nuh and Gurugram, and whether any notices were issued before such demolitions."If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law," the order clarified.The matter will be heard next on August 11..Haryana Advocate General Baldev R Mahajan, Additional Advocate General Deepak Sabherwal and Advocate Shruti Jain Goyal represented the State..[Read Order]
The Punjab & Haryana High Court remarked on Monday that buildings in Nuh and Gurugram are being demolished without the issuance of proper demolition orders and notices. [Court on its own motion v. State of Haryana].A Bench of Justices GS Sandhawalia and Harpreet Kaur Jeewan also expressed concern as to whether buildings owned by a specific community are being demolished, potentially indicating an ethnic cleansing effort by the State."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," the order passed on August 7 stated..Earlier today, the High Court took suo motu cognizance of and halted the demolition drives conducted in the Nuh district of Haryana following communal clashes that recently erupted..The Court relied on news reports in both Times of India and The Indian Express on Monday which depicted ongoing demolitions in Nuh and Gurugram. The authorities were quoted as saying that the demolition drives were being undertaken as individuals involved in anti-social activities had erected illegal constructions, the Court added."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...Lord Acton has stated “power tends to corrupt and absolute power corrupts absolutely”," the Court observed..Given these circumstances, the Court was compelled to issue notice to the State. The Court also directed the State of Haryana to file an affidavit detailing the number of buildings that have been demolished within the past two weeks, in both Nuh and Gurugram, and whether any notices were issued before such demolitions."If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law," the order clarified.The matter will be heard next on August 11..Haryana Advocate General Baldev R Mahajan, Additional Advocate General Deepak Sabherwal and Advocate Shruti Jain Goyal represented the State..[Read Order]