Court Directs Police and Power Company to Submit Detailed Affidavits on Their Roles in Demolition Activities
In a significant legal development, the Gujarat High Court has ordered an inquiry into allegations of illegal demolition activities carried out by the Surat Municipal Corporation, questioning the roles of the police and the power company in facilitating such actions. The case, titled Ansari M. Ikbal Alihusen v. State of Gujarat, was presided over by Justice Nikhil S. Kariel, who emphasized the duty of police officials to prevent illegal demolitions conducted under the guise of demarcation.
During the proceedings, the court highlighted its dissatisfaction with the response of the Commissioner of Police, Surat City, regarding the handling of complaints about unauthorized demolitions. The court noted that the police should have acted promptly upon learning about the large-scale demolition activities, which appeared to lack legal authority, instead of waiting for a formal complaint.
The police presence at the demolition site was explained as a measure to prevent law and order issues, following a requisition from the Municipal Corporation. However, the court observed that the requisition was initially for demarcation purposes only, and the demolition under the guise of demarcation called for police intervention to halt illegal activities.
Furthermore, the court ordered the municipal corporation to ensure basic facilities, including accommodation, hygiene, and medical services, for those displaced by the demolition until further court orders. An inquiry was also directed into potential collusion between municipal officials and private parties.
In connection with the power supply disconnection during demolitions, the court sought affidavits from Torrent Power Ltd., questioning the procedure followed and the timing of disconnections, to ascertain the legality and propriety of their actions.
This case underscores the judiciary's role in scrutinizing administrative actions, especially those affecting citizens' rights and livelihoods. The court's directives aim to ensure accountability among municipal and law enforcement agencies, protecting citizens from arbitrary actions.
Bottom line:-
Illegal demolition activities by municipal authorities and the role of police and other agencies in facilitating such actions were questioned. The court emphasized the duty of police officials to prevent illegal demolition under the guise of demarcation and sought affidavits from concerned authorities, including the municipal corporation and power company, regarding their roles and actions.
Statutory provision(s): Administrative Law, Municipal Corporation Act, Police Powers and Duties, Public Safety and Order Regulations.
Ansari M. Ikbal Alihusen v. State of Gujarat, (Gujarat) : Law Finder Doc id # 2932444
