The Gujarat High Court has ruled that the Surat Municipal Corporation (SMC) must rebuild homes demolished in the Nasirnagar area, stating the demolition was "prima facie unauthorised." The court also pointedly remarked that police forces present at the site had a responsibility to intervene and stop the demolition when it moved beyond its stated purpose of demarcation.
The High Court's strong stance comes after numerous petitions were filed by 26 affected families. The court has explicitly stated that the demolition appeared to have been conducted "under the garb of a road demarcation."
Scrutiny of Official Conduct and Delayed Action
The court's observations extend to questioning the actions and inactions of various official bodies. The Gujarat government has been ordered to submit an affidavit clarifying its position on the matter. This follows concerns raised by the municipal commissioner himself, who indicated that officers involved were not being forthcoming with information, necessitating further inquiry into their roles.
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A significant point of contention has been the delay in registering official complaints and launching investigations. The High Court has critically examined why a formal complaint was not registered for over a month following the demolition. Furthermore, the court has questioned the purported presence of police personnel during the razing and the apparent lack of substantive progress in subsequent investigations. The SMC commissioner did inform the court that five municipal officials had been suspended following a committee report submitted on June 30th.
Police Role and Procedural Safeguards
Justice Kariel, presiding over the case, made specific, prima facie findings concerning the police's duty. The court rejected the notion that police presence was merely for maintaining law and order. Instead, it was held that police officials had a duty to actively prevent illegal demolitions if the activity exceeded the scope of its stated purpose, such as a demarcation exercise. This implies a greater responsibility for law enforcement to ensure that civil enforcement actions, even those initiated by municipal bodies, adhere to legal procedures and do not devolve into unauthorized destruction of property.
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The court also expressed skepticism regarding submissions made by Torrent Power Limited concerning the disconnection of electricity. The initial claim that disconnection was solely based on a telephonic request was met with prima facie doubt. This highlights a broader concern regarding the procedural safeguards in place for actions that affect property rights, referencing Article 300A of the Constitution, which deals with the right to property and requires due process before deprivation. The entire episode raises significant questions about constitutional and administrative law, particularly concerning the accountability of municipal authorities and the role of police in civil enforcement activities.
