"Rebuild Or Reaccommodate": Court Questions Over Illegal Surat Demolition

The Gujarat High Court on Thursday sought the state government's stand on the "completely illegal" demolition carried out in Narisnagar locality of Surat on May 30 resulting in around 100 houses being razed without any prior notice.

The High Court asked the state government whether it was not responsible for its citizens and said an inquiry should have been carried out at the level of somebody much senior to the municipal commissioner.

Hearing a plea filed by some affected persons whose houses were razed by the Surat Municipal Corporation, Justice Nikhil Kariel asked the government as to what was its stand on this "completely illegal" demolition.

The High Court also posed an oral question to the police commissioner on absence of complaint and investigation in the matter, despite a DCP level officer being present at the site.

In his affidavit, the Surat municipal commissioner told court that a preliminary inquiry carried out by the civic body's deputy municipal commissioner opined that further inquiry was required as officers concerned were not coming out with the truth. It added that five officers who were present at the site when demolition was being carried out have been suspended pending departmental proceedings.

"What is the state's stand on this? The inquiry is by the corporation, by a set of officers of the corporation. What is the stand of the state? Is the state not responsible for its citizens?" the court orally questioned the government pleader.

The court said it was a case of a large scale demolition, and except for the fact that the petition was filed, even the inquiry report could not have come out any time soon.

"A small skirmish here and there, the state is concerned. When such a large scale demolition is taking place, the state is not concerned. ..The state should definitely be interested in finding out how this happened," the High Court further said.

"This cannot be a one-off incident. If your officer has the audacity to do something like this -- a 100 houses, God knows how much you have done by now which has not yet come out," it said.

The court also asked whether a person's residence being demolished does not amount to a penal offence. It questioned the police commissioner over no action being taken taken even when he was informed in writing about the development.

"The police would be the first to know that whatever has happened is illegal. Involvement of anyone is for investigation. Where is the investigation? The more time it takes, the signal goes that it is being covered up," the High Court said.

The court also wanted to know as to how the municipal commissioner plans to rehabilitate the people who were rendered homeless due to the "unauthorised demolition." "Now it is clear that the demolition was illegal. Now the onus is on you to ensure they are rehabilitated. They have to be re-accommodated, either by rebuilding, or through private negotiation, but they have to be given proper accommodation," it said.

The municipal commissioner, in his affidavit, said the plot belonged to certain private individuals who had sought to develop through third parties, and on March 12 this year a plot validation certificate was sought, which was rejected.

When the developer requested to carry out physical demarcation of the street line, some SMC officers had intimated the police authorities about demarcation to be undertaken on May 30.

The commissioner said the demolition was carried out during the course of demarcation.