Nuh Demolition | High Court Seeks Haryana Govt's Response In Plea Seeking Compensation, Intervention Applications In Suo Moto Matter

The Punjab & Haryana High Court today sought a response from the Haryana Government on writ petitions seeking compensation and 8 intervention applications filed in the Suo Moto case taken after a demolition drive was carried out by the Haryana Government in Nuh district.

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, following the communal clashes.

The Amicus Curiae Advocate Kshitij Sharma appointed in the case apprised the Court today, that there are 8 intervention applications and 3 connected pleas filed in the Suo Moto case.

The application includes requests to make submissions about the violence, referring to newspaper articles and pictures, and asserts that no notice was issued by the government before the demolition drive.

Another application has questioned the order of the High Court whereby the demolition drive was stayed, on the ground that newspaper articles on which the Court relied were not factually correct.

The Court also issued notice to the Government on two writ petitions seeking compensation for the alleged "unlawful demolition" of houses.

Additional Advocate General Deepak Sabharwal submitted that "a detailed reply will be filed" for the intervention applications and the writ petitions. Sabharwal also sought 4 weeks time for the same.

In the last proceeding, Amicus Curiae Advocate Kshitij Sharma  submitted before the High Court that the notices that the Haryana Government 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.

The Court had 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 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 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