Demolitions and rule of law

How one news report of a Goan home being demolished by private persons without the authorisation of the law sparked outrage among the State’s populace and the garnering of support in favour of the unfortunate family who was forced to witness the demolition of their habitual abode represents what is true Goenkarponn. Communal harmony and fraternising unity being the cornerstones of Goa’s uniqueness in peaceful character. 

And when the turbulence of selfishness shall attempt to evade the procedural law enshrined in the legislative Acts which the State of Goa has given to its people so that governance remains an act of certainty and not a mere charade of administrative unpredictability.

The recent demolition incident which saw the enlistment of fringe elements of the community has demonstrated that moral propriety in the State is being engulfed in the scourge of selfishness and quick profiteering at the cost of vulnerable land deals.

As the famous passage in the Bible goes: “So when they continued asking Him, He [a]raised Himself up and said to them, “He who is without sin among you, let him throw a stone at her first.” [John 8:7, NKJV]. 

So when the cadre of mildly disgruntled political figures descend upon the site of the illegal demolition endeavouring to comment upon a situation which is as bizarre as their own disproportionate assets, the only constant idealism that resounds with the turbulence wherein might and entitlement melded together into an entity of insurmountable power, legal propriety shall forever stand the test of integrity in the face of caprice and as we the people give ourselves a democratic governance, the rule of law shall prevail unstifled by the banality of knowing the higher ups in the administrative hierarchy in the State.

Rule of law

According to the 2004 Report of the Secretary General of the United Nations, entitled: The Rule of Law and Transitional Justice in Conflict and Post-Conflict Societies, sets forth that:

“The rule of law refers to a principle of governance in which all persons, institutions and entities, public and private, including the State itself, are accountable to laws that are publicly promulgated, equally enforced and independently adjudicated, and which are consistent with international human rights norms and standards.”

Landlord’s petition to demolish

In the absence of a Demolition Order issued by the Rent Controller, under the foregoing Section 30 of the Goa, Daman and Diu Buildings (Lease, Rent and Eviction) Control Act, 1968, the eviction and unauthorised demolition would be capricious.

“Section 30. Recovery of possession by landlord for repairs, alterations or additions or for Reconstruction.—

(1) Notwithstanding anything in this Act, on or application made by a landlord, the Controller may, if he is satisfied—

(a) that the building is reasonably and bonafide required by the landlord for carrying out repairs, alteration or additions which cannot be carried out without the building being vacated...”

Apex Court Directives

In Municipal Corporation of Greater Mumbai & Ors. Vs. M/s. Sunbeam High Tech Developers Pvt. Ltd. the Supreme Court of India in Civil Appeal No. 7627 of 2019 on 24 October, 2019 held:

“The exercise of the power of destruction which affects the property of the citizens of this country must be exercised in an absolutely fair and transparent manner. Rules in this regard must be followed. At the same time, the Court has to balance the private interest with the larger public interest...Rule of law comprises not only of the principles of natural justice but also provides that the procedure prescribed by law must be followed...”

Latest SC observation in similar case

In M/s Multicon Builders Vs Sumandevi and Others before the Supreme Court of India in Civil Appeal No(S). 8400-8401 of 2015 on 06 November, 2023:

“In our view, demolition of the already constructed buildings may not be in the interest of any of the parties as the same can be considered at the time of passing of final decree, with reference to the construction, authorised by the local authority,” (Justice Rajesh Bindal).

Forceful demolitions

Jess Gallagher in her Blog Post hosted by Columbia University entitled: FORCED EVICTIONS AND BULLDOZER DEMOLITIONS: CRUSHING HUMAN RIGHTS UNDER THE RUBBLE dated: 14 May, 2023 has neatly delineated the circumstances surrounding forceful demolitions in India:

Guest Writer Ketan Aggarwal paraphrases a victim’s account in the blog: “My parents were sleeping inside the house. They demolished the house without informing us and set it on fire. I somehow managed to come out of the house. The policemen caught me and beat me up. They were trying to push me inside the burning house. My father was severely burnt, while my mother and sister died in the fire.” 

These were the words of Shivam, whose house was demolished during an anti-encroachment drive in the Kanpur Dehat district of Uttar Pradesh...

This disturbing incident is not an isolated case of what has been termed “Bulldozer Justice.” Similar incidents of forced evictions and demolitions have occurred in other parts of India, including Delhi and Madhya Pradesh...[and now Goa](emphasis supplied).

Every day at least 567 people lost their homes. The systematic destruction of homes and livelihoods without proper notification or legal recourse is a serious violation of human rights and deserves immediate attention and action. (Gallagher, 2023).

In surmising

The rule of law, the uniqueness of the situation at Assagao is that the legality of the house structure is not in question, rather the authorisation to demolish the structure is presumed to be lacking.

The learned Judges and Chief Officers in Goa have always demonstrated a keenness in ordering Demolitions of Unauthorised structures that have been erected without prior authorisation, but how would these uncreative minds now innovate a novel jurisprudence to effectively govern a scenario where the demolition has been performed unauthorisedly.