Nuh Violence | Notice Issued Before Demolition Does Not Inspire Confidence: Amicus Curiae To Punjab & Haryana High Court

Amicus Curiae Advocate Kshitij Sharma appointed in the Nuh Violence case submitted before the Punjab and Haryana High Court today that the notices which the Haryana Government statedly issued to the residents before the demolition drive "does not inspire confidence."

"All the notices issued looked same, it is not clear whether how much time was given before demolition, whether it was pasted on the house or not...the notices does not inspire confidence," Sharma told the High Court today.

A division bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji was hearing the suo moto case whereby demolitions in Nuh were stayed in August, 2023, which followed the communal clashes.

The Court also issued notice on intervention applications filed by various advocates and alleged victims of the demolition.

In August 2023, while taking suo moto cognizance of the matter, the Court stated 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 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 that bulldozers are part of illaj (treatment) since the Government is probing communal violence. Referring to the Home Minister's statement, the Court 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.”

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

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