Punjab and Haryana HC disposes of 2023 suo motu PIL

While disposing of the matter, the bench of chief justice Sheel Nagu and justice Anil Kshetarpal observed that on September 17, Supreme Court has passed an interim order that no demolition should take place in the country without its permission

The Punjab and Haryana high court on Tuesday disposed of a public interest litigation (PIL) initiated in August 2023, after reports of demolition of properties by authorities following communal violence was reported in Nuh.

The demolition exercise began in Nuh on August 3, four days after communal violence erupted. (Getty Images/iStockphoto)

While disposing of the matter, the bench of chief justice Sheel Nagu and justice Anil Kshetarpal observed that on September 17, the Supreme Court passed an interim order that no demolition should take place in the country without its permission. In view of the apex court order, it is not appropriate to keep the matter pending, it further orally observed. Detailed order of the proceedings is yet to be made available.

The suo motu PIL was initiated by the high court on August 7, 2023, in the backdrop of communal violence and reported action by authorities of demolishing hundreds of properties. On that date, a division bench comprising justice GS Sandhawalia and justice Harpreet Kaur Jeewan had observed that the law-and-order situation was being “used as a ruse” to pull buildings without due process. The bench, while seeking a report from the government had asked if the action was an “exercise of ethnic cleansing” by the state.

Subsequently, a report from the local administration revealed that the demolitions of all 443 properties/structures in Nuh by authorities were post the July 30 violence. However, prior notices were served. The state government had denied allegations of ethnic cleansing and targeting of Muslims only in the demolition drive.

The communal violence erupted in the district on July 30 during a Hindu religious procession, injuring several and killing at least five. The violence eventually spiralled and spread to neighbouring districts, including Gurugram, where mobs set afire a mosque and pillaged several shops and restaurants.

The demolition exercise began in Nuh on August 3, four days after communal violence erupted. The demolitions continued till the morning of August 7, when the high court intervened and questioned the government over the manner it was being carried out.