Nuh Zila Parishad Member Seeks To Intervene In P&H High Court Suo Motu Case Against Demolitions

A member of Nuh Zila Parishad filed an intervention application in the suo moto action taken by Punjab & Haryana High Court yesterday against the alleged illegal demolition in Haryana.

The applicant Yahooda Mohd stated that the district administration razed over 200 dwelling units in the demolition drive which took place in the communal violence- hit Nuh administration.

“More than 300 families have left their homes in over three dozen villages to head to Rajasthan and other states. A team of Nuh cops have started taking steps to arrest innocent individuals without serving any notice,” he submits.

He further alleged that the panchayat decided to boycott members of the Muslim community and carried an appeal to deny houses, shops and establishments to the Muslim community on rent.

Villagers are also scrutinizing the identification proof of street vendors before allowing them entry into the villages. Across three districts in Haryana i.e. Mahendragarh, Jhajjar and Rewari collectively wrote to the police and district administrations, informing them of their decision to "boycott members of the Muslim community”, added the applicant.

The applicant highlighted that the demolition of houses without any notice and providing alternative accommodation is in violation of Apex Court’s ruling in Olga Tellis v. Municipal Corporation of Greater Bombay, 1985.

"The Demolition is a violation of the right to life guaranteed by Article 21 of the Constitution of India includes the right to livelihood, argues the applicant. If a person is evicted from the place where he is residing unauthorizedlly and his shanty is demolished, he will certainly lose his livelihood too, for to work he must live somewhere", he added.

“The applicant on behalf of uprooted residents (affected persons) seeking the interference of High Court…for violation of its constitutional and statutory rights by the acts of the respondents whereby decades old residents of Nallahr and other region of Mewat-Nuh are being forcefully evicted from their houses without following procedure of Law and rules of natural justice…”, said the applicant.

While staying the demolition drive carried out by the Haryana authorities in communal violence-hit Nuh and Gurugram, the Punjab & Haryana High Court made a serious observation yesterday, whether the buildings belonging to a particular community in Nuh & Gurgaon are being brought down by the authorities under the guise of law and order problem and an exercise of “ethnic cleansing is being conducted by the State", asked the Court.

The Court  said that it has come to its 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 Court observed.

Case Title: Court on its own motion v. State of Haryana

Counsel for applicant: Mohammad Arshad