Gurugram: Demolition notices for multiple properties razed in the aftermath of communal clashes in Nuh were served much before July this year, some as early as 2016, an affidavit filed by the district administration in the Punjab and Haryana High Court shows.
A reading of the affidavit, a copy of which was seen by ThePrint, shows that in at least one case, three separate demolition notices issued to the same person date back to 2016 and 2017, while many others were issued in July this year — days before the clashes.
Aftab Ahmed, the Congress MLA from Nuh, allege that the notices were a “cover-up” for not having followed due process during the demolition drive.
The affidavit, submitted by Nuh Deputy Commissioner Dhirendra Khadgata on 18 August, also says that a total of 443 structures (162 permanent and 281 temporary) were torn down in the district in the two weeks leading up to 7 August. It adds that of the 354 people affected by these drives, 283 were Muslims and the remaining 71 were Hindus.
Through the affidavit, the Haryana government also informed the high court that as per the 2011 census, “Mewat had a population of 10,89,263 of which Muslim and Hindu population was around 79.20 percent and 20.37 percent (respectively)”.
The revelations in the affidavit are significant in light of the developments in the aftermath of communal clashes that first erupted during a religious procession organised by Hindutva group Vishva Hindu Parishad (VHP) in the Muslim-majority Nuh district on 31 July.
Six people, including two home guards and a Muslim cleric, were killed in the violence that eventually spilled over to neighbouring Gurugram.
On 4 August, four days after the violence, authorities initiated a demolition drive in Nuh. However, the Punjab and Haryana HC took suo motu cognizance and stayed the drive on 7 August, saying it should be stopped “if procedure as per law” is not being followed.
“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,” a bench comprising justices G.S. Sandhawalia and Harpreet Kaur Jeewan said.
In a strongly worded order, the bench also said, “The issue also arises whether buildings belonging to a particular community are being brought down under the guise of a law and order problem and an exercise of ethnic cleansing is being conducted by the State.”
“Accordingly, we issue directions to the State of Haryana to furnish an affidavit as to how many buildings have been demolished in the 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.”
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What affidavit shows
A reading of the affidavit submitted in the Punjab and Haryana HC shows that in one case, the municipal council issued notice to one “Aakil s/o Khalil Rahman resident of Ward 4, Nuh” thrice — in October 2016, February 2017, and March 2017.
“One person who belongs to the Muslim community was affected by this demolition carried out on 7 August, 2023,” the affidavit says about this particular case.
In another case, notice was served to “Smt. Anish, near Shahidi Park, Nuh,” on 24 September, 2021 for construction in a “controlled area” along the Delhi–Alwar road. In this case, the notice asks for work to be stopped and structures removed “within seven days, otherwise the structures will be demolished and an FIR will be registered”.
Legal experts like P.K. Sandhir, a senior advocate in the Punjab and Haryana High Court, questioned the validity of the demolition notices. Sandhir told ThePrint that notices issued two to seven years before the demolitions hold no value in the eyes of the law.
“There is a prescribed procedure to be followed before carrying out any demolitions. A notice served two to seven years back asking the property owner to produce documents or even directing him to remove the structure isn’t enough to demolish the properties today.”
Sandhir added that a “fresh notice has to be served, clearly mentioning the intention of demolition of the property and providing the person enough time to remove his or her belongings from the structure”.
Interestingly, one notice dated 16 February, 2017 was almost identical to another dated 27 October, 2016, while multiple notices served on February 25, 2021 called for a stop to construction on the grounds of violation of Section 7(3) of the Haryana Development and Regulation of Urban Areas Act, 1975.
At the same time, several notices were dated 7 July, 2023 — less than a month before the demolition drive. For instance, “Suleman, son of Abdul Rahman, resident of Ward 5, Nuh” got a notice dated 7 July, 2023, while “Anwar, son of Rashid”, “Hasan, son of Farzu”, “Aabid, son of Rassu”, “Enam, son of Hanif”, and “Tahir, son of Rashid” got theirs on 17 July.
According to Ahmed, many of the notices issued in July “were handed over to property owners on the day of demolition, but were post-dated”.
“A new kind of punishment has been introduced in the past couple of years when a bulldozer is brought to raze properties of people the government doesn’t like. The authorities didn’t listen to us when we went to them with a request to stop illegal demolitions. Now, when Punjab and Haryana High Court has taken suo motu notice, the authorities are trying to cover up their act,” Ahmed alleged.
Nuh DC Dhirendra Khadgata refused to comment on the allegations, saying that the case is sub judice. ”The matter is in court and we have filed an affidavit,” he told ThePrint.
(Edited by Uttara Ramaswamy)
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