ILLEGAL HOME DEMOLITION

Introduction
It seems like a developing trend, be it Khagone in MP or Jahangirpuri in North West Delhi or
first there would be a communal clash or some sort of protest, then the people will be
punished by bulldozer Justice i.e. by demolishing their house in the name of illegal
encroachment. Home which took several years ………..is just ……….in less than a day.
Home is not just a morter-brick structure, it is the life of the people who live inside it. For
some people their home is everything they had, they had spent their entire life income to
make that structure. If someone demolishes my house, it just not demolishes a structure, it
demolishes my strength, my courage, my confidence.

People are describing this “ completely unconstitutional” and illegal work as normal routine
work.
The legal procedure of removing illegal encroachment.
What is more shocking is that Government is justifying its action of illegal demolition even
knowing the fact such removal of encroachments or illegal constructions can only take place
after following due procedure established by law. It shouldn’t be shocking as well because
every wrongdoer has its own justification. The legal procedure for removing illegal
encroachment may vary from place to place but every procedure requires a notice that too
with sufficient time period to respond to it. And as far as I know no law prescribes the
punishment of home demolition for the riot. The Government is
A closer study of different demolition cases makes it clear that some constructions were
demolished even the case was still pending in the court, some were given notice a day before
and some were even not notified. It is well established by the Apex Court in different cases
that “any demolition exercise of any nature must be carried out strictly in accordance with
applicable laws, and only after due notice and opportunity of hearing is given to each of the
affected persons”. However, the same is being blatantly disregarded by the government. It
clearly shows that government has adopted extra-legal measures which is in clear violation of
the principles of natural justice.
By this act of authorities, it is clearly signalled that a pattern is being followed in which
anyone who is alleged to be directly or indirectly involved in protests or riots, the buildings
and properties belonging to them will be chosen for demolition. Most striking thing is that
government is presenting its action as stringent action for any riots or protest against it for
political purposes and as removal of illegal construction for legal purposes.

It can be conclusively said that this act of government amounts to clear cut abuse of power
and a challenge to the rules of law.