The use of demolition as a tool for enforcement without procedural compliance turns a legitimate act into a force, the Orissa High Court said on Wednesday that it was allegedly demolished against a court orders to a decades -old community center.
A single-judge bench of Justice SK Pnigrahi was hearing a petition by the residents of Balipur Mauja village in Cuttack district of Odisha, challenging the eviction proceedings initiated against the property, which claims the administration standing on the land of the common village. In its order on 20 June, the court slammed the demolition of the Tehsildar of the property despite two High Court orders to stop such a step. It also ordered that the compensation portion be recovered from the officer’s salary.
According to the court, the demolition on December 24 last year violated the Supreme Court guidelines issued in November. The court said that the speed and privacy with which it was done makes “not of public administration but of secret operation”.
“When the state proceeds to demolish a structure in that window, knowing that this order has not yet been passed, knowing that the judicial inquiry is going on, it is a serious concern. It is not a matter of a serious concern. It is not that it is not that the institutions committed to constitutional rule are expected to behave with committed institutions,” read in the court order.
The court stated that the facts of the case usually refer to a growing and disturbing pattern as “bulldozers justice”, where the executive power suppresses the legal process, rather than the cause supported by the machinery, the court said. It also expressed concern that the officer’s behavior could set a dangerous example.
“The officer’s operation reflects a disturbed pattern where the legal process is considered optional,” the court said.
The court ordered a compensation of Rs 10 lakh in the case, saying that it would be recovered from the salary of the tehsildar. The remaining amount of Rs 8 lakh will be paid by the state.
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The court also directed the departmental action against the Tehsildar and asked the Chief Secretary of Odisha to inform all the revenue officers and municipal officials in the state of the Supreme Court guidelines.
According to court documents, the structure was present since 1985, even the government fund was undergoing reconstruction from 2016-18. In July last year, the court of Athgarh sub-collector ordered the demolition that the Tehsildar did.
In its order last November, the Supreme Court said that all demolitions should follow the fixed process, including giving a 15-day notice period.
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