Nuh Demolition | Punjab & Haryana HC Disposes Of Suo Moto 'Ethnic Cleansing Case', Cites SC's Order To Pause 'Bulldozer Action' Across India

The Punjab & Haryana High Court today disposed of the suo moto cognisance taken on the Nuh violence and demolition drive that took place in August 2023, allegedly on account of communal violence which took place in Nuh and Gurugram district. While Suo Moto staying the demolition drive in 2023 the Court had wondered "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.”

Chief Justice Sheel Nagu and Justice Anil Kshetarpal while hearing the matter today, noted that the Supreme Court in September passed an interim order that no demolition should take place in the country without its permission.

"In view of the interim order passed by the Supreme Court on 17 September 2024 it is not appropriate to keep it pending," added the Chief Justice while disposing of the Suo Moto case.

The Court also noted that the Supreme Court has reserved the judgement in Jamiat Ulama I Hind v. North Delhi Municipal Corporation's case on October 01, wherein it is dealing with the similar issue.

In August 2023, while taking suo moto cognizance of the matter, the Court stated that it had 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 had observed.

The Court had initiated suo motu action after authorities reportedly demolished several 'illegal' shanties, temporary shops and certain concrete structures, allegedly belonging to persons involved in communal violence which happened in July 2023. The newspaper reports quoted the Home Minister himself as saying that bulldozers are part of illaj (treatment) since the Government is probing communal violence. 

In a reply filed by the Deputy Commissioner of Nuh, it was stated that no demolition activity in the area was carried out without following the procedure of law.

Previously, Amicus Curiae Advocate Kshitij Sharma submitted that the notices that the Haryana Government statedly issued to the residents before the demolition drive "does not inspire confidence."

A detailed order is awaited.

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