illegal encroachments | SabrangIndia News Related to Human Rights Thu, 23 Jan 2025 06:57:03 +0000 en-US hourly 1 https://wordpress.org/?v=6.2.2 https://sabrangindia.in/wp-content/uploads/2023/06/Favicon_0.png illegal encroachments | SabrangIndia 32 32 Dwarka: Clearance of encroachments leaves locals hopeless and in anguish https://sabrangindia.in/dwarka-clearance-of-encroachments-leaves-locals-hopeless-and-in-anguish/ Thu, 23 Jan 2025 06:57:03 +0000 https://sabrangindia.in/?p=39787 The recent demolition of structures in Dwarka, Gujarat has been a centre of controversy. The authorities have claimed that these structures were illegal, and the due process of law was followed before any demolitions took place. However, locals have raised concerns that primarily Muslims are being targeted in the demolition drive and that no proper notice was given.

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A large-scale demolition drive has been carried out in Dwarka, Gujarat by the district administration, the forest department and the police, whereby illegal structures situated on more than 20 islands around Dwarka have been demolished for the purposes of safeguarding critical maritime zones. Multiple residences, commercial establishments and religious sites have been razed by administration as a part of this demolition drive on the islands of Beyt Dwarka, Okha and Pirotan. 21 islands in the region have been targeted by this demolition drive, of which seven have been completely cleared.

Constructions such as 250 residences, one dargah, and nine mazars have been demolished. As per the Dwarka Superintendent of Police Nitesh Pandey, the structures were majorly “religious” or “commercial”, as reported by the Indian Express. More than seven islands of the Dwarka district have been freed from the illegal encroachments as part of the ongoing demolition drive in Dwarka. 

The Home Minister of Gujarat, Harsh Sanghvi shared a post on X, announcing the success of the demolition drive. He also shared aerial footage sharing the post demolition status of the cleared lands on the 7 islands that are 100% free from encroachments. He appreciated the coordinated efforts of the administration and the law enforcement authorities in the demolition drive by stating that “The historic bulldozer operation in Devbhumi Dwarka has yielded significant results.”

Targeting of minorities under pretext of removing illegal encroachments

While the demolition drive has proceeded peacefully, there have been concerns that have been raised that the Muslim minority of the region have been targeted unfairly and that the removal of encroachments has not followed the due procedure of law. The Gujarat Minority Coordination Committee wrote a letter to the chief minister Bhupendra Patel, requesting him to stop the “discrimination against the community.” The letter signed by Mujahid Nafees, convener of the Minority Coordination Committee also stated that “there should be no discrimination between Hindus and Muslims in the clearing of encroachments.”

The above allegations have been denied by the Superintendent of Police of Jamnagar, Premsukh Delu, stating that the Pirotan island is very sensitive due to its location. He claimed that “From a national security perspective, this island is critical due to its proximity to the international waters. Production facilities of Reliance Industries, Gujarat State Fertilisers and Chemicals Limited and Nayara Energy are located in Jamnagar, besides air force and navy base stations.” He further added that “There are concerns of narcotics landing here from international waters,” as reported by India Today.

Flouting of Supreme Court guidelines regarding issuance of notice before demolition

Local authorities have emphasized that proper and timely notices were issued before the demolition of the unauthorized constructions was carried out. They have claimed that legal action was only initiated after the expiration of the deadlines. 

While the authorities have claimed that the demolition drive has been conducted as per rules and regulations, the locals have contended that the first notice was issued to them on January 3, and the second notice was issued on January 7 for furnishing documents of their properties. Public hearings were conducted on January 8 and 9, and the demolitions began on January 10. They have argued that the given time is very little for people inhabiting these properties for furnishing their documents and presenting their case. 

It must be noted that, in 2022, the Supreme Court laid down guidelines with regards to demolition of structures, whereby the Court mandated that no demolition must be carried out without a service of notice, and within time provided by the local municipal laws or a period of 15 days from the date of the service of the said notice. A bench headed by Justices BR Gavai and KV Vishwanathan also said that “If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law.”

It can be seen here the local authorities have demolished the encroachments without providing proper notice and time for the people to present their case and challenge the demolition or to manage their affairs before the demolition is to take place.

Displaced locals left in distress

While the authorities have claimed that proper notices were issued, multiple locals have stated that they received little to no warning before the demolition took place. People were seen in distress as their homes were being destroyed while they desperately attempted to salvage their belongings.

Multiple critics have also claimed that the real motive behind the demolition drive in Dwarka, Gujarat seems like an attempt to clear out the Muslim community under the garb of environment protection. While the Government has made claims to provide compensation for the displaced families, many locals feel uncertain about their future, as reported by Kashmir Media Service News.

The Social Democratic Party of India has also commended the demolition drive and stated that “no need to say that Muslim places of worship and Muslim monuments are inevitably the target.”  

Demolition drive in Dwarka: Part of a larger scale demolitions across Gujarat

In a series of similar actions that started in October, 2022, the demolition drive in Dwarka, Gujarat is the latest. Illegal residences, 9 mosques and shrines in the coastal areas surrounding the Gir Somnath temple in late 2020. In Junagarh, a dargah and a temple encroaching on the government land were demolished in March, 2024. Similar drives followed in Kutch and Porbandar to allegedly free coastal areas of illegal structures and allow the police to regulate unauthorized movement in the region for national security and recent increase in the narcotics trade.

The increase in the frequency of such demolition drives and their supposedly accidental target towards the minority Muslim population raises serious concerns regarding the true intention behind such drives and if they really are for protecting national security and national interests. While the authorities have claimed that the removal of encroachments in Dwarka has been via due process of law, the locals seem to not have been given proper opportunity to present their case and there has been no action on behalf of the Government to rehabilitate or compensate the displaced families and people. These arbitrary actions seriously violate the human rights of the people.

Related:

Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions

Spewing hate, slurring Muslims: an unchecked decade-long diatribe by Bharatiya Janata Party?

Supreme Court to hear urgent pleas against state-sanctioned bulldozer demolitions in Madhya Pradesh and Rajasthan

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Encroachment or rioting, what was the offence of the ones whose houses were bulldozed in Haryana? https://sabrangindia.in/encroachment-or-rioting-what-was-the-offence-of-the-ones-whose-houses-were-bulldozed-in-haryana/ Sat, 05 Aug 2023 09:44:49 +0000 https://sabrangindia.in/?p=29014 Haryana Home minister says homes of “rioters” being demolished while officials present at the scene provide illegal encroachments as the reason, 250 shanties demolished under “bulldozer justice”

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What started in Uttar Pradesh a few years back has now spread to the state of Haryana, where communal flare-ups are being followed by demolition drives against “encroachers” and “rioters”. After a “clash” was reported to have taken place in Nuh, Haryana on July 31 during the annual religious procession taken out by the Vishwa Hindu Parishad- Bajrang Dal, the Haryana government has resorted to bulldozing houses. As per a report in the Telegraph, the Bharatiya Janata Party government in Haryana has bulldozed around 250 shanties of “illegal” immigrants from Bangladesh in the Muslim-dominated Nuh district. The police has provided that majority of bulldozed houses belonged to people booked as accused in the recent communal violence. As per a report in the Economic Times, the Haryana Urban Development Authority have been carrying out the demolitions.

On August 5, several establishments in Tauru, about 20 km from violence-hit Nuh, were also razed down by bulldozers. As reported by India Today, the authorities have again confirmed that residents of these “illegal” establishments were those who were “allegedly” involved in the riots that took place on July 31. Structures and shanties near Nuh’s SKM Government Medical College have also been demolished. 

In addition to this, the authorities have also bulldozed five houses on the way to Nalhar temple, as per the Economic Times. As provided by the police, 14 youths from this community were engaged in pelting stones. 

As per the India Today report, Nuh’s SDM Ashwini Kumar provided that the demolition drives are taking place on the orders of Haryana Chief Minister Manohar Lal Khattar. “This is on the orders of the CM. All of this is illegal construction. These people were involved in the riots,” Kumar stated.

It is essential to note that no official statement has been issued by the Nuh administration regarding the bulldozer operation. Reportedly, about 40 shops in the Nuh area will also be demolished in the demolition drive as they are “illegal”, as per official reports in India Today. The shops are present at the same location where vehicles were burnt and stone pelting had taken place.

State government’s stance: “Even bulldozers have been employed as a measure for resolution.” 

On August 4, Haryana Home Minister Anil Vij stat that all those who have been implicated to have a role in the clashes will suffer the consequences, as per the Economic Times. Vij provided that 202 people have been arrested so far and 80 taken into preventive detention in connection with the communal clashes in Nuh. Earlier, Vij had stated that Nuh was becoming a new Jamtara, a district in Jharkhand, known for being the India’s cyber-crime hub. He further hinted at a crackdown on cyber-crimes stemming from the area by Haryana authorities, as provided by the India Today. 

Statement of the officials at the demolition site

Contrasting statements were provided by officials present at the scene, who stated that the land occupied by illegal encroachments was under clearance and they did not draw any parallel between the demolition drive and the recently held communal tensions in the area, as per India Today. It has also been reported by the Economic Times that the pretext for the demolition drive was the encroachment of land owned by the Haryana Shahari Vikas Pradhikaran (HSVP).

These 250 shanties came up as illegal encroachments four years ago and were inhabited by illegal immigrants from Bangladesh. These people were earlier living in Assam before they settled here and set up shanties on Haryana Urban Authority land,” said a police officer.

As reported by Economic Times, police officials provided that the the demolition drive in the Nalhar demolition took place as the land belonged to the forest department.

“The residents have been served notices earlier, but they did not respond. We also came to know that some stone-pelters used this house as their hideouts and pelted stones from here on the worshippers,” said Nuh police spokesperson Krishan Kumar. 

Related:

Sikhs helped trapped Muslim women and children escape mob violence

Lives lost in Nuh violence, a failure on the part of the Haryana police and government?

CJP petitions NCM and DGP, Haryana as anti-minority violence spreads takes grip in the state

Nuh Haryana: Who cast the first stone?

Communal violence erupts in Nuh, Mewat, five killed, provocations by VHP-Bajrang Dal continue

Nuh Clashes planned and coordinated, more such violence likely before 2024 Polls: Satyapal Malik

Union MOS Home questions arms allowed in ‘religious’ procession at Nuh, Haryana: Rao Inderjit Singh

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