Punjab & Haryana HC Disposes Plea Challenging Demolition Notice Allegedly Issued To NDPS Accused After State Assures No Coercive Action
The Punjab & Haryana High Court disposed of plea challenging notice wherein an accused under NDPS Act was allegedly given 15 days time to appear and submit defence to prove that her house was not in violation of Punjab Building By laws.It was alleged that FIRs were registered against the petitioner under the NDPS Act, and therefore, due to the Punjab Government's drive to demolish...
The Punjab & Haryana High Court disposed of plea challenging notice wherein an accused under NDPS Act was allegedly given 15 days time to appear and submit defence to prove that her house was not in violation of Punjab Building By laws.
It was alleged that FIRs were registered against the petitioner under the NDPS Act, and therefore, due to the Punjab Government's drive to demolish properties of alleged drug peddlers, the police authorities, along with Municipal Corporation officers, served a notice regarding the demolition of the house.
The State Government submitted that the petition be disposed of for the present, to allow the respondent authorities to examine the matter and pass necessary orders in accordance with the law. Until such orders are passed, no adverse action shall be initiated against the petitioner.
Justice Arun Palli and Justice Sudeepti Sharma said, "This Court is sanguine that the respondents-authorities shall look into the matter in the right earnest. And, appropriate orders, in accordance with law, shall be passed at the earliest.
The plea was filed by Sonia, a resident of Punjab's Ludhiana who stated that an FIR under NDPS Act was registered against her and the Police authorities now along with Municipal Corporation officers served the Notice dated 24.03.2025 regarding demolition of house of Petitioner.
"The petitioner gave reply to the concerned authorities vide letter dated 29.03.2025...Thereafter the petitioner has been again harassed by the police authorities saying that her house will be demolished at the expirations of 15 day notice," it added.
The plea relied on In Re: Directions in the matter of Demolition of Structures v. and Ors.wherein sending a strong message against the trend of "bulldozer justice", the Supreme Court held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted of a crime.
State counsel Sartaj Singh Gill, Sr. DAG, Punjab, submitted that, the competent authority is in seizin of the concerns of the petitioner, not only the response submitted by her shall be taken into account, but she shall also be heard before any formal orders are passed.
The Court noted that the counsel for the petitioner, Sunpreet Singh, agreed that the petition be disposed of, as the state counsel submitted that the authorities are examining the matter and that no adverse action will be taken until then.
Pertinent to note that in March a PIL against the Punjab Government and other authorities was filed seeking the implementation of guidelines issued by the Supreme Court against bulldozer action and provisions of NDPS Act, following the reported demolition drive by the Punjab Police of drug peddler's property.
The Court had issued notice in the PIL and pending consideration before the Court.
Mr. Sunpreet Singh, Advocate for the petitioner.
