oppn parties Demolition Job: Official Vandalism

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Supreme Court clarifies that it has not issued a blanket ban on use of bulldozers, and they can be used after compliance with procedure laid down in civil laws
oppn parties
Demolition Job: Official Vandalism

By Linus Garg
First publised on 2020-09-11 17:58:58

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

Brihanmumbai Municipal Corporation (BMC) displayed an evangelistic zeal which bordered on vandalism by demolishing the allegedly illegal construction carried out by actor Kangana Ranaut at her home. The portions partly demolished housed the office of her production company. The actor was given a notice just a day ago and the demolition work was carried out without waiting for her to reply.

As the actor had approached the Bombay High Court against the notice, the BMC should have waited for the court to pronounce its judgment. The BMC had already filed a caveat in the High Court asking for it to be heard if the matter came up. Hence by rushing to demolish the allegedly illegal construction without informing the court, the BMC showed utter disregard for the judiciary and scant respect for due process.

The court was not pleased. It lambasted the BMC for the undue haste and said that the conduct of the agency was "highly deplorable". It ordered an immediate stay on the demolition work. The court further said that the BMC's conduct prima facie "smacks of mala fide". It allowed the agency one week to file an affidavit explaining the reasons that forced it into carrying out the demolition in such a hurry. BMC later said that there was no mala fide on its part as the actor has not denied illegality. But isn’t that for the court to decide? Or has the BMC assumed judicial powers to decide the legality of things?

If government agencies rush into doing what pleases them without giving an opportunity to ordinary citizens to reply to notices, we can kiss good bye to due process. Sadly, it is becoming a trend to turn government agencies into personal fiefdoms by all ruling dispensations. No political party is immune to this. Why hire goons when the official machinery can be used to do the dirty work? The courts must take a firm stance in such cases and force these agencies to follow due process. The citizens have nowhere to go except the courts when faced which such official vandalism.