High Court's Strong Stance on Unlawful Demolition

Cuttack: The Orissa High Court has expressed serious concern regarding the demolition of a community hall by a tehsildar officer, mandating the state government to compensate the affected parties with Rs 10 lakh. In a pointed judgment, Justice SK Panigrahi remarked that in a lawful society, reason should precede force. He emphasized that when this order is reversed, it undermines the legitimacy of state actions and the institutions that uphold the law.


The judge highlighted a disturbing trend known as 'bulldozer justice,' where executive power is exercised through force rather than legal processes. He noted that using demolition as a means of enforcement, without following proper procedures or awaiting judicial decisions, turns a lawful act into an act of coercion. The court cautioned that if such practices continue unchecked, it could lead to a dangerous precedent where officials misuse their powers, treating judicial timelines as mere administrative delays.


Declaring the demolition unlawful, the court ordered Rs 10 lakh in compensation to the petitioners. Of this amount, Rs 2 lakh will be deducted from the salary of the tehsildar involved, while the state is required to pay the remaining Rs 8 lakh within eight weeks of the ruling. This case involves a community hall located on grazing land in Balasore, which was partially funded by government initiatives and served the public.


On December 14, 2024, local authorities demolished the hall just a day after the High Court had issued a stay order, rendering the action illegal. The authorities failed to provide any emergency justification for their actions. The court reiterated that the role of the tehsildar is not merely administrative but carries constitutional responsibilities, particularly in enforcement matters at the local level, and directed that departmental proceedings be initiated against the revenue officer.


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