The Punjab and Haryana High Court has issued an order restraining the Haryana government from continuing the ongoing demolition drive in Nuh district. The court has also raised questions about the possible targeting of "buildings belonging to a particular community" under the pretext of maintaining law and order, and whether this amounts to an "exercise of ethnic cleansing" by the state.
The Nuh district recently witnessed communal violence on July 30, resulting in the deaths of seven individuals, including two home guards and a cleric. Subsequently, a demolition initiative commenced on August 3, purportedly aimed at clearing structures from "encroached land."
A bench, headed by Justice GS Sandhawalia, took suo moto cognisance of the matter and asked the state to not carry out any further demolition exercise until further orders. "We are constrained to issue notice to state as it has come to our notice that Haryana is using force and is demolishing buildings on account of the fact that some riots have occurred in Gurugram and Nuh," it observed.
"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 issue also arises 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,” the bench said.
The bench stated, "We are of the considered opinion that the Constitution of India protects the citizens of this country and no demolitions as such can be done without following the procedure prescribed in law." The court asked the Haryana state government to provide information about the number of demolitions carried out in Nuh and Gurugram over the past two weeks, along with details about whether proper notices were issued before the demolitions.
"If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law," the bench said and listed the case for next hearing on August 11. Further, advocate Kshitij Sharma has been appointed as amicus curiae in the case.
(With IANS inputs)