No One Community Targeted

Nuh Demolitions: Haryana Government Denies Communal Targeting

In the wake of the recent demolition drive in Nuh, Haryana, Deputy Commissioner Dhirendra Khadgata has asserted that the government’s actions were not influenced by any “pick and choose policy” based on caste, creed, or religion. The statement was made in response to concerns raised by the Punjab and Haryana High Court regarding the potential targeting of a specific community.

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Khadgata, in his counter affidavit, emphasized,

“the State Government while collecting such information on encroachment does not collect any information with regard to caste, creed and religion as for the Government all encroachers are dealt with in the same manner.”

He further clarified that the demolition was a routine measure taken by local authorities against owners of illegal structures, and due process was followed.

According to the details provided, the total number of structures demolished amounted to 443, of which 162 were permanent and 281 were temporary. The demolition affected 354 individuals, with 71 being Hindus and 283 Muslims. Khadgata also highlighted that out of the 38 shops demolished, 55 percent belonged to Hindus and 45 percent to minorities.

The affidavit further detailed the demolition proceedings carried out by the Municipal Council F. Frozepur Jhirka on August 6, 2023, at Dhobi Ghat, Municipal Council Land Shiv Mandir Road. Notices regarding the demolition were issued on May 8, 2023, as per an order dated February 1, 2022, from the Collector Punhana and Ferozepur Jhirka under the Punjab Public Premises Act, 1972. The report stated,

“The total Number of temporary and permanent structures removed was 25 & 34 respectively. Total number of persons affected was 34 out of which 06 belongs to the Hindu community and 28 to the Muslim community.”

The affidavit also provided details on demolitions at various locations in Nuh in August. It mentioned that the Department of Town & Country Planning detected unauthorized constructions in the form of shops, mosques, and foundations of structures. The document also cited complaints received in 2016 and 2020 regarding unauthorized construction along the roadside leading to Medical College, Nalhar.

The suo motu case was initiated by the Punjab and Haryana High Court after concerns arose from the demolition drive. The court had questioned the state on whether it was attempting

“ethnic cleansing” under the guise of law and order. The High Court had also remarked on the possibility of buildings belonging to a “particular community” being targeted.

The matter, now listed before the bench of Chief Justice RS Jha and Justice Arun Palli, will see further developments as the court reviews the government’s response and determines the next course of action.

The Nuh demolition case underscores the importance of transparency and due process in government actions, especially in sensitive matters that have the potential to impact communal harmony.

author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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