Iqra Fatma, TwoCircles.net
New Delhi: On August 23, the family members of Haji Shahzad Ali, a former vice president of the Congress in Madhya Pradesh’s Chhatarpur, awoke to the threatening sound of JCB excavators. Peering out of a window, they saw a group of policemen accompanied by a medical team and three bulldozers. Without any prior notice, one of the bulldozers smashed through the main gate and began demolishing the “illegal” parts of the 20,000-square-feet luxury mansion.
Within hours, the exterior of the house was completely demolished. The bulldozers were positioned strategically around the property, ensuring that the mansion was reduced to rubble. Three vehicles parked on the premises were also destroyed in the process. Additionally, Shahzad’s brother Azad experienced a similar fate with his house being demolished.
The demolition came in the wake of an alleged violent protest that took place at the Chhatarpur Kotwali police station on August 21. The protest was in response to inflammatory remarks made by Maharashtra-based religious leader Ramgiri Maharaj during an event in Nashik. Shahzad is accused of leading the protest, which demanded the registration of a first information report (FIR) against the priest for his offensive remarks.
According to locals, the police’s refusal to file an FIR before conducting an investigation led to a heated confrontation. This confrontation reportedly escalated into “sudden” stone-pelting, which intensified the situation further. Eye witnesses claimed that “anti-social elements from nearby neighborhoods or other areas” incited the violence, resulting in injuries to four policemen.
An FIR (No. 409/2024) was subsequently filed under various sections of the Bhartiya Nyaya Sanhita and the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act against 46 named and 150 unidentified individuals. Following this, a large-scale crackdown was launched, leading to the arrest of around 30 people, including Shahzad and his brother. Shahzad was handcuffed during his arrest, and locals alleged that the accused were paraded from Kotwali to Chowk Bazar, a distance of approximately 2 kilometers, before being rushed to jail instead of being taken directly to court.
The authorities have yet to clarify the legal basis for these actions. Initially, the administration justified the demolition by claiming the house was built on government land. Later, they argued that the house was too close to a water body and that the land belonged to Shahzad Ali but the house’s map was not approved.
Even if the structure was deemed “illegal”, proper notice and time for legal remedies should have been provided before such punitive actions were taken, as stipulated by the Supreme Court in Ajay Maken v. Union of India (2019) and Sudama Singh vs. Government of Delhi (2010). These rulings emphasise that eviction without adequate notice or adherence to due process is considered illegal.
Over the past two years, many evictions have failed to follow due process, including instances where demolitions occurred in adverse weather conditions or during school examinations, often involving excessive force.
The Chhatarpur district collector’s social media posts shared video clips of the demolition, showing four bulldozers razing the bungalow and the destruction of four cars. The collector defended the action, stating it was taken under the direction of the Chief Minister in response to the stone-pelting incident at the Kotwali police station.
Extrajudicial Demolitions
The Chhatarpur incident is not an isolated case. In April and May 2022, following Ram Navami procession-related violence in Madhya Pradesh, Uttar Pradesh, and Delhi, several demolitions occurred, predominantly affecting Muslim homes. The MP administration alone demolished sixteen homes across five locations in Khargone, Madhya Pradesh.
On April 21, 2022, the Supreme Court extended status quo orders on demolitions in Jahangirpuri and other states. The court stated demolitions cannot occur solely based on accusations, and a house cannot be demolished even if the occupant is convicted.
A bench consisting of Justices BR Gavai and KV Viswanathan stated that it will issue pan-India guidelines to address concerns related to the demolition of houses and buildings.
While hearing the plea filed by the Jamiat Ulama-e-Hind, Justice Gavai remarked, “How can a house be demolished just because he is accused? Can’t be demolished even if he is convicted. Even after telling SC Bar is … we don’t find any change in attitude.”
Recent trends indicate a troubling increase in the severity and brutality of demolitions, often accompanied by a large police presence that prevents resistance.
Frontline reports this “bulldozer raj” has resulted in the demolition of over 150,000 homes and left 738,000 people homeless in just two years. The impact has been especially severe on Muslims and marginalized groups, who have borne the brunt of these aggressive demolitions as massive yellow machines have systematically torn through their homes and communities.
The Housing and Land Rights Network (HLRN) projects that local, state and central authorities demolished 153,820 homes during 2022 and 2023. This widespread destruction led to the forced displacement of over 738,438 people in both rural and urban regions nationwide.
Historical rulings have affirmed the right to housing as part of the fundamental right to life, requiring state authorities to provide adequate notice and rehabilitation before eviction.
In 2023 alone, court orders and tribunal rulings led to at least 13 instances of eviction, displacing over 259,845 individuals nationwide. Notably, half of those evicted lost their homes due to court-ordered enforcement.
An Amnesty International report from February highlighted that Muslims were disproportionately targeted in demolitions, with 128 demolitions affecting 617 people. The report criticized these actions as “cruel and appalling,” noting that demolitions were often politically motivated and disproportionately affected Muslim communities.
The demolitions have often been initiated at the highest levels of government, with various officials either directly or indirectly endorsing the use of bulldozers against Muslims. These punitive demolitions have been aggressively employed as a form of extrajudicial punishment across multiple states. Notably, Uttar Pradesh’s Chief Minister, Yogi Adityanath, has been labeled “Bulldozer Baba” by the media.
During a rally in Barabanki district, Uttar Pradesh, as part of his campaign for the recent Lok Sabha elections, Prime Minister Narendra Modi had remarked, “If the SP (Samajwadi Party) and the Congress come to power, Ram Lalla will be in a tent again and they will run a bulldozer on the Ram temple. They should take tuition from Yogiji, where to run a bulldozer and where you shouldn’t.”
This statement underscores the political rhetoric surrounding these actions.
According to the HLRN, Muslims have been the most affected group in 44% of these instances, with Scheduled Tribes, Adivasi communities, and Other Backward Classes also significantly impacted.
The increasing severity of demolitions, marked by excessive force and inadequate legal procedures, underscores a disturbing trend in housing rights violations across the country.