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Nuh demolition drive: DC tells High Court that notices against illegal constructions were issued 2-6 years back, refutes allegation of ‘pick and choose’

Furthermore, it was stated that out of the 38 shops demolished, 55 percent belonged to Hindus.

In an affidavit submitted before the Punjab and Haryana High Court, the Deputy Commissioner (DC) of Nuh district refuted allegations of “pick and choose policy” with regard to the recent demolition drive conducted by the state administration against illegal construction in the district.

Nuh DC Dhirendra Khadgata, in an affidavit filed before the court on August 17, informed that most of the encroachers were issued notices pertaining to their illegal constructions between two to six years back. The affidavit stated that five departments, public authorities, and Urban Local Bodies (ULBs) had undertaken routine demolition drives in their respective areas in Nuh till August 7.

The Nuh DC stated in the affidavit that demolition work was carried out by the District Town and Country Planner in 38 locations in accordance with the procedure as laid down by the law.

“It is pertinent to mention here that the Department of Town & Country Planning had detected unauthorised constructions in the form of shops, masjids, and foundations of structures at DPC level,” the affidavit stated.

The affidavit stated that a show cause notice was issued on February 25, 2021, and a personal hearing was also provided on March 3, 2021. However, it was stated that the encroachers did not submit their written reply or show up for the hearing.

According to the 400-page affidavit, a total of 354 people were affected by the demolition drive in Nuh, of whom 71 were Hindus and 283 were Muslims. Furthermore, it was stated that out of the 38 shops demolished, 55 percent belonged to Hindus. It was mentioned that a total of 443 properties were demolished of which 162 were permanent while 281 were temporary. The affidavit emphasised that caste, creed, or religious considerations had no bearing on the government’s decisions.

To put the figures in perspective, it has been pointed out that Muslims make up more than 79% of the entire population in Nuh using data from the 2011 Census.

According to the affidavit, the district had a total population of 10,89,263, of which 79.20 percent were Muslims and 20.37 percent were Hindus, according to the 2011 Census. “The 2011 Census demonstrates unequivocally that Nuh is a district with a Muslim majority. Furthermore, 14,21,933 people are anticipated to live in Nuh in 2023. It is important to note that Muslims make up approximately 87% of the population in Ferozepur Jhirka and Punhana tehsil in Nuh district, respectively”,  the affidavit stated.

The affidavit filed by Gurugram District Commissioner

According to the Gurugram deputy commissioner Nishant Kumar Yadav’s affidavit, up to 25 buildings totalling 116 acres, including 57 acres of cleared land, were razed in Gurugram between July 3 and August 8. Since the violence which erupted on July 31st, only one property has been demolished in Gurugram, and all of the demolished buildings were owned by Hindus. The Gurugram DC also stressed that no “pick and choose” policy based on caste, creed, religion, etc is taken into consideration by the administration while clearing the illegal encroachments.

“It is also pertinent to mention that the government while removing encroachments/unauthorised constructions never adopted pick-and-chose policy and that too on the basis of caste, creed or religion,” the affidavit stated.

The reply was filed by the Nuh and Gurugram DCs in response to a suo motu PIL pending before the Punjab and Haryana High Court with regard to the recently stayed demolition drive. It is pertinent to recall that on August 7, the Punjab and Haryana High Court stayed the Haryana government’s demolition drive on the illegal encroachments after several people claimed that they did not receive prior notices.

Nuh Shobha Yatra attack

The demolition drive began on August 3, three days after an Islamist mob attacked the Jalabhishek Yatra procession organised by Vishwa Hindu Parishad and Bajrang Dal. The violent attacks claimed six lives. Vehicles were burnt and stones pelted at the VHP’s Jalabhishek Yatra as Islamists unleashed violence against the Hindus in the Muslim-dominated region of Nuh, Mewat in Haryana.

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