'100 Families Left Homeless, Complete Illegality': Gujarat High Court Questions State, Police Inaction Over Surat Demolition Drive

While hearing a plea concerning a demolition drive carried out in Surat's Nasir Nagar, the Gujarat High Court on Thursday (July 3) orally remarked that the action was a "complete illegality" where around "100 families had been displaced".Justice Nikhil S Kariel quizzed the State government if any action that had been taken against the erring officials and also orally questioned the Police over lack of proactiveness in the matter.The single judge further probed as to why no complaint had been registered against the erring officials, despite lapse of one month since the drive. "This is complete illegality without any doubt. Therefore question is again to the State that what action has been taken. There should have been an inquiry at the level of somebody much senior than the commissioner to understand what is happening...A 100 houses. God knows how much you have done by now which has not yet come out. Somebody has come to the court, they could manage to come to court..." the judge said.Previously, the court had prima facie observed that under the garb of demarcation, Surat Municipal Corporation's officials had demolished the properties of the residents.During the hearing on Thursday, Advocate General Kamal Trivedi appearing for the Corporation submitted that on account of a requisition request emanating from the respondent-Developer for carrying out physical demarcation of street line, some central zone officers— without any underlying decision— had intimated to the police authorities about a proposed procedure of demarcation for 30-5-2026 for which police protection had been sought for.The AG submitted that five officials who were present on the site have been suspended pursuant to a preliminary departmental inquiry."When there is a demolition activity without decision, which has left around 100 families homeless, you feel suspension is okay? You will go with departmental inquiry, when it will be over, what rap on knuckles you will give to show you have done something. A person's residence is demolished without authority of law...Therefore the question is not to the corporation, it is to the State," the Court responded. Then perusing the Police Commissioner's affidavit in the matter, the Court orally inquired as to why there was no complaint in the matter. The Government Pleader responded that the role of the Police is limited, adding that when a statutory civic or revenue authority seeks police deployment which is to maintain public order— police does not decide title possession encroachment which falls within domain of the concerned authority. Unconvinced, the Court orally observed, "...when such a large scale demolition has taken place and when an intimation is given...when someone informs you look here something has happened, Till date I don't find a police complaint...Some statements being recorded, but no concrete action. I'm with you that police is not supposed to go behind municipal authority....the question is about basic common sense when very senior officer is there...If there was demarcation work how could it translate into demolition?".The GP then referred to the counter affidavit and submitted that the DCP had received information about anti social elements or large crowds gathering and so he went there to ensure that no law and order incident happens. He added that as per the affidavit, at least "26 identified individuals having serious criminal antecedents and capable of inflicting large scale damage to social fabric of Surat city were residing in and around Nasir Nagar with their gang members" and there were also "Bangladeshi infiltrators who had been apprehended from in and around Nasir Nagar and deported last year". He however added that these facts mentioned in the affidavit "may not be understood as justification for demolition of any structure". He said that the Commissioner had said that he will "personally monitor" the sensitization of police officers of Surat police and that their role is limited to law and order and if they notice material departure from purpose of requisition they will immediately inform their superiors and seek clarification, "without themselves adjudicating the legality of civic action". The court however asked,"My question is from from the first hour you came to know about it, would you not have realised that police bandobast was for demarcation and not demolition. Therefore it is illegal per say...Police is supposed to be proactive. Police is not defensive machinery. Where is the proactiveness here? Police would be first persons to know whatever had happened was illegal. That under guise of demarcation it was demolished? Where is the investigation?"The Court added that while it was not imputing anything but the State should be worried that at this day and age somebody has impunity to do something like this. "That sends very wrong signals. In this day of media looking at everything. Social media being all pervasive. Still somebody has audacity to take JCBs and...

'100 Families Left Homeless, Complete Illegality': Gujarat High Court Questions State, Police Inaction Over Surat Demolition Drive

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'100 Families Left Homeless, Complete Illegality': Gujarat High Court Questions State, Police Inaction Over Surat Demolition Drive

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