Nuh Demolitions Carried As Per Law, No Particular Community Targeted: Haryana Govt Tells High Court

Deputy Commissioner of Haryana's Nuh, Dhirendra Khadgata has said that no demolition activity in the area was carried out without following the procedure of law. He further said that while removing encroachments/ unauthorised constructions, the government never adopted "pick and choose policy" and that too on the basis of caste, creed or religion.

The statement comes in the suo moto case initiated by the Punjab and Haryana High Court against the demolition drive conducted earlier this month.

Answering to Court’s apprehension on targeting of a particular community by demolishing the properties, the Dy Commissioner in his counter affidavit said, “the State Government while collecting such information on encroachment does not collect any information with regard to caste, creed and religion as for the Government all encroachers are dealt with in the same manner.”

The demolition was the routine measures taken by the independent local authorities against the owners of illegal structures and that too after following the due process, the reply stated.

As per reports received from various departments with respect to demolition drive in their respective areas "the total structures demolished were 443 of which 162 were permanent and 281 were temporary. Similarly, the numbers of persons affected from the demolition drive were 354 of which 71 were Hindus and 283 were Muslims," stated Khadgata.

The reply further stated that the demolition proceedings were carried out by the Municipal Council F. Frozepur Jhirka on 6 August, 2023 at Dhobi Ghat, Municipal Council Land Shiv Mandir Road. Before demolishing the structures, notices regarding the same were issued on 8 May, 2023 as per the order dated 1 February, 2022 of the Collector Punhana and Ferozepur Jhirka under the Punjab Public Premises Act, 1972.

“The total Number of temporary and permanent structures removed was 25 & 34 respectively. Total number of persons affected was 34 out of which 06 belongs to the Hindu community and 28 to the Muslim community,” it added.

The 26 page reply further gives the details on the demolitions that took place at various places in Nuh in August. “The demolition proceedings were carried out at 38 locations by the District Town & Country Planner, Nuh and due procedure of law was followed while carrying out the demolition drive. It is pertinent to mention here that the Department of Town & Country Planning has detected unauthorised constructions in the form of Shops, Masjid, Foundations of Structures at DPCs level,” the reply stated.

It states that complaints were received in 2016 from the Director, SHKM GMC Nalhar, Mewat regarding unauthorised construction along road side leading to Medical College, Nalhar and another complaint in 2020 from Vipin Jain, Standing Counsel Govt. of India, District and Session Court, Nuh addressed to the Prime Minister, seeking removal of unauthorized construction along road side leading to Medical College, Nalhar.

The suo motu case was initiated a day after the demolition drive by a bench comprising Justices GS Sandhawalia and Harpreet Kaur Jeevan and the demolition drive was stayed. The Court had also questioned the State on whether it was trying to conduct "ethnic cleansing" in the garb of law and order and had asked if only the buildings belonging to a "particular community" were targeted.

Today, the matter was listed before the bench of Chief Justice RS Jha and Justice Arun Palli which allowed AAG Deepak Sabharwal's request to file a reply.

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