Back
2023 Supreme(P&H) 2530
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
G.S. SANDHAWALIA, HARPREET KAUR JEEWAN, JJ.
Court On Its Own Motion – Petitioner
Versus
State of Haryana & Ors. – Respondents
CWP-PIL NO. 68 of 2023
Decided On : 07-08-2023
Mr. Baldev R. Mahajan, Advocate General, Haryana, Mr. Deepak Sabherwal, Addl. A.G., Haryana, with Ms. Shruti Jain Goyal, Sr. DAG, Haryana.
Headnote:(A) Constitution of India - Protection of citizens against arbitrary demolition actions - The court expresses concern over demolitions without due process in Haryana, linking it to potential ethnic cleansing and the abuse of power in response to communal violence. Directions issued for the State to account for recent demolitions and confirm adherence to legal procedures. (Paras 3-5)
(B) Procedural safeguards - The court emphasizes that the Constitution mandates adherence to due process and law before any demolition actions can be undertaken. (Para 5)
(C) Collective rights - The judgment raises questions regarding the targeted demolition of buildings belonging to specific communities under the guise of law enforcement. (Para 4)
| Table of Content |
|---|
| 1. state actions in demolitions due to riots. (Para 3) |
| 2. concerns over potential abuse of power and ethnic cleansing. (Para 4) |
| 3. constitutional protection against unlawful demolitions. (Para 5) |
| 4. issuance of notice and appointment of amicus curiae. (Para 6 , 7) |
JUDGMENT
G.S. Sandhawalia, J. - Notice of motion.
2. Mr. B.R. Mahajan, Advocate General Haryana with Ms. Shruti Jain Goyal, Sr. DAG, Haryana accepts notice.
3. Today's news item carried in the 'Times of India' and 'The Indian Express' would go on to show that demolitions are being carried out in two districts i.e. Nuh and Gurugram. The action is stated to be on account of the fact that the individuals involved in the anti social activities had made illegal constructions. The said news item would go on to show that buildings next to the hospital in the form of commercial buildings, residential buildings, restaurants which were in existence for a long time have been brought down by bulldozers. The news item also says that the Home Minister himself has said that bulldozer are part of illaj (treatment) since the Government is probing communal violence. The said news items are appending alongwith the file for ready reference. Lord Acton has stated "power tends to corrupt and absolute power corrupts absolutely".
4. It is in such circumstances, we are constrained to issue notice to State as it has come to our 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 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.
5. 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. Accordingly, we issue directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in last two weeks, both in Nuh and Gurugram and whether any notice was issued before demolition. If any such demolition is to be carried out today, it should be stopped if the procedure is not followed as per law.
6. To come up on 11.08.2023. Office shall register the case and allot the number to the same. We request Mr. Kshitij Sharma, Advocate to assist us on the issue involved and he is appointed as amicus curiae for the said purpose.
7. Copy of the order be given to Mr. Kshitij Sharma and counsel for the State under signatures of Bench Secretary.
