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Nuh Demolitions: Residents Move Punjab & Haryana High Court Alleging Contempt Of 2020 Order Granting Time For Relocation
Aiman J. Chishti
21 Aug 2023 1:44 PM IST
The Punjab & Haryana High Court has issued a notice on a contempt petition filed by residents of Nuh, whose houses were allegedly demolished in an encroachment drive earlier this month. The plea alleges that the State authorities wilfully disobeyed a 2020 Court order which directed the Deputy Commissioner of Nuh-Mewat to provide adequate time to the residents to relocate before...
The Punjab & Haryana High Court has issued a notice on a contempt petition filed by residents of Nuh, whose houses were allegedly demolished in an encroachment drive earlier this month.
The plea alleges that the State authorities wilfully disobeyed a 2020 Court order which directed the Deputy Commissioner of Nuh-Mewat to provide adequate time to the residents to relocate before taking possession.
"Until their representation is decided and sufficient time is granted to them to re-locate themselves, no steps should be taken to forcibly evict them," the 2020 order read.
Bench of Justice Arvind Singh Sangwan has issued notice and listed the case for consideration on December 5.
Rahimuddin and five other residents of ward no-13 and 2 filed the contempt plea against Deputy Commissioner of Nuh and other authorities alleging that the demolition of their property was in violation of the High Court’s order passed in 2020.
State on the other hand had filed an affidavit in the suo moto case pending over the demolition action, claiming that the demolition activity in the area was carried out by following the procedure of law.
The counsel for the petitioner, Mohammad Arshad submitted that according to the order specific directions were issued that till the representation of the petitioners is decided, sufficient time be granted to relocate themselves and no steps should be taken to forcibly evict them.
The petition stated that the impugned action appears to have been taken based on allegations of the petitioners' involvement in anti-social activities. It further mentioned that using force, properties of more than 150 families, including the petitioner's, were demolished.
“That totality of the facts and circumstances clearly shows that respondents intentionally and deliberately violated the order dated 15.12.2020 wherein ordered that ‘no steps should be taken to forcibly evict petitioners’” states the plea.
“That the said act and conduct of the respondents apparently attracts the provision of section 12 of Contempt of Courts Act,” it added.
Also Read: Nuh Demolitions Carried As Per Law, No Particular Community Targeted: Haryana Govt Tells High Court
Case Title: Rahimuddin & Ors. v. Dhirendra Khadgata, DC Nuh & Ors.
Counsel for petitioner: Advocate Mohammad Arshad