Demolition in Nepali Nagar: HC orders interim compensation for razed houses

On July 3 last year, the district administration and police had carried a massive eviction drive to raze down 70 dwellings in Nepali Nagar which were allegedly built on land belonging to the state housing board.

The Patna High Court on Thursday termed the demolition of houses in Nepali Nagar in western part of the state capital last year as illegal and directed the state government to pay ₹5 lakh compensation each to house owners whose constructions were demolished.

Illegal structures being demolished in Patna’s Nepali Nagar in July 2022. (HT Photo)

“... those whose houses have been demolished by the state authorities on the basis of an illegal proceeding in the most arbitrary manner, this court is of the view that all such petitioners are entitled to interim compensation of ₹5 lakh each. The writ petitioners/occupants can file their claim for damages before an appropriate forum/authority/court,” said the bench of Justice Sandeep Kumar.

“... the same must be decided by the authority concerned /court within a reasonable period, preferably within one year of its filing, after proceeding with the hearing of the case on day-to-day basis and after hearing all the parties. If the writ petitioners/occupants are found to be entitled for more compensation than what has been awarded as an interim compensation by this court, the same shall be disbursed to them after deducting the interim compensation from the final compensation amount,” the court said.

It said the petitioners whose houses have been demolished “cannot be evicted from the land on which they have constructed their houses unless and until they are provided permanent residence (flats) as envisaged under relevant clause of the Digha Land Settlement Scheme, 2014, as well as the final compensation as directed”.

Citing reports that those who have applied for ex gratia amount under the Digha Land Settlement Scheme, 2014 are being kept in a limbo by the state’s Housing Board, the court said, “The Housing Board is directed to take a decision on all such pending applications within one month from today.”

The HC said it was apparent that “for the last 30 years, when the Housing Board has been in possession of the area of 400 acres in Nepali Nagar, illegal constructions have been allowed to be made, but not even a whisper was made in the counter affidavit filed on behalf of the state and the Housing Board as to what action has been taken against the board officials and the police officials of Rajeev Nagar Police Station for allowing this”.

On July 3 last year, the district administration and police had carried a massive eviction drive to raze down 70 dwellings in Nepali Nagar which were allegedly built on land belonging to the state housing board.

The administration had served notices to the residents earlier and carried the demolition drive, which met with stiff resistance from locals and house owners, leaving several people, including policemen, injured.

Three days later, on July 6, the HC had stayed the eviction drive.

The Nepali Nagar knot

Nepali Nagar is a new colony set up adjoining Rajeev Nagar, which is a residential area that has come up in last three-four decades. The issue of settlements in Rajeev Nagar and adjoining areas has been in a row for the last five decades.

In 1974, an area of 1,024 acres was acquired by Bihar State Housing Board from local farmers for housing development.

However, several farmers, having given their land to the board but unhappy over delay in payment of compensation, allegedly sold their land clandestinely to private parties, leading to large-scale settlements in the area. Farmers contend that the acquisition was never complete.

After long years of litigation, the board was directed to pay compensation to the farmers against the acquisition.

In 2014, the state government brought Digha acquired land settlement scheme for regularising around 600 acres of land out of the 1,024 acres of land on Aashiana-Digha stretch and use another 400 acres for government’s purposes. But the scheme has met with resistance while government’s bid to clear alleged encroachments on its land have met with resistance from people who have constructed houses in the stretch.

The demolition drive carried in July last year was evict people from around 40 acres of land , which, the government claims, belongs to the state housing board. The administration had razed more than 70 structures allegedly constructed illegally.