The use of demolition as an instrument of enforcement without procedural compliance changes lawful conduct into a coercive one, the Orissa High Court said Wednesday, ordering departmental proceedings months after a decades-old community centre was purportedly demolished against court orders.
A single-judge court led by Justice SK Panigrahi was hearing a petition from people of Balipur Mouza village in Odisha's Cuttack district who were disputing eviction procedures launched against the property, which the authorities said was on common village land.
In its June 20 judgement, the court criticised the tehsildar's demolition of the property, despite two high court orders prohibiting such action. It further ordered that a portion of the pay be deducted from the official's salary.
The court criticized the demolition that took place on December 24 of the previous year, stating it went against guidelines set by the Supreme Court in November.
It remarked that the swift and secretive manner in which the demolition was carried out resembled a covert operation more than a legitimate public administrative action, Indian Express reported.
Judges expressed concern over the state’s decision to move forward with the demolition despite being aware that no final judicial order had been issued and that the matter was still under judicial review. This, according to the court, was not how institutions committed to constitutional governance are expected to behave.
The ruling also highlighted a broader, disturbing trend referred to as “bulldozer justice,” where executive power, backed by machinery rather than reason, supplants the legal process.
The court warned that such actions could set a dangerous example, emphasizing that the behaviour of the officials involved suggested a disregard for due legal process.
The court ruled that a compensation of Rs 10 lakh be awarded in the case, specifying that Rs 2 lakh of this amount would be deducted from the tehsildar’s salary, while the remaining Rs 8 lakh would be borne by the state government.
Additionally, the court instructed that disciplinary action be initiated against the tehsildar. It also directed the Odisha chief secretary to ensure that all revenue and municipal officials in the state are made aware of the Supreme Court’s demolition guidelines.
Court records revealed that the structure in question had been standing since 1985 and was even partially reconstructed with government funding between 2016 and 2018.
The demolition was carried out by the tehsildar following an order from the Athgarh sub-collector’s court in July of the previous year.
The court emphasized that the Supreme Court had, in its November order, clearly mandated that all demolitions must adhere to due process, including a compulsory 15-day notice.