The Crossbill News Desk
In a strong rebuke to state authorities, the Orissa High Court on Wednesday (June 25) said that the use of demolition as an enforcement tool without following legal procedures turns a lawful act into a coercive one.
The court ordered departmental proceedings against a tehsildar who allegedly oversaw the unlawful demolition of a decades-old community centre in Balipur Mouza village in Odisha’s Cuttack district, in violation of two prior High Court orders, The Indian Express reported.
Justice S.K. Panigrahi, presiding over the single-judge bench, was hearing a petition filed by local residents challenging the eviction and demolition of the centre, which the administration claims stood on common village land.
Despite two interim orders from the High Court restraining action against the structure, it was demolished on December 24, 2023. The court slammed the move, describing it as executed with such “speed and secrecy” that it resembled a “covert operation” rather than legitimate public administration.
The court said that the facts of this case echo a growing and troubling pattern commonly referred to as ‘bulldozer justice’, where executive power, backed by machinery rather than reason, supplants legal process.
“When the state proceeds to demolish a structure in that window, knowing that the order has not yet been passed, knowing that judicial scrutiny is underway, it raises a serious concern. This is not how institutions committed to constitutional governance are expected to behave,” the court said in its June 20 order.
Justice Panigrahi warned that the conduct of the tehsildar reflects a “troubling pattern where legal process is treated as optional” and could set a dangerous precedent in governance.
The High Court ordered a compensation of Rs 10 lakh to be paid to the affected parties, with Rs 2 lakh to be recovered from the tehsildar’s salary and the remaining Rs 8 lakh to be paid by the state government.
The court also directed the Odisha chief secretary to initiate departmental proceedings against the official and to issue instructions to all revenue officials and municipal authorities across the state to strictly adhere to the Supreme Court’s guidelines on demolition, issued in November 2023.
Those guidelines mandate a 15-day notice period and full procedural compliance before any demolition activity.
Court records reveal that the demolished community centre had existed since 1985 and was reconstructed using government funds between 2016 and 2018.
The Athgarh sub-collector had issued a demolition order in July 2023, which the tehsildar acted upon—despite the High Court’s stay on any such action.
The High Court’s ruling reinforces the necessity for administrative actions to remain within the bounds of law and due process, cautioning against executive overreach under the guise of enforcement.
The court ordered departmental proceedings against a tehsildar who allegedly oversaw the unlawful demolition of a decades-old community centre in Balipur Mouza village in Odisha’s Cuttack district, in violation of two prior High Court orders, The Indian Express reported.
Justice S.K. Panigrahi, presiding over the single-judge bench, was hearing a petition filed by local residents challenging the eviction and demolition of the centre, which the administration claims stood on common village land.
Despite two interim orders from the High Court restraining action against the structure, it was demolished on December 24, 2023. The court slammed the move, describing it as executed with such “speed and secrecy” that it resembled a “covert operation” rather than legitimate public administration.
The court said that the facts of this case echo a growing and troubling pattern commonly referred to as ‘bulldozer justice’, where executive power, backed by machinery rather than reason, supplants legal process.
“When the state proceeds to demolish a structure in that window, knowing that the order has not yet been passed, knowing that judicial scrutiny is underway, it raises a serious concern. This is not how institutions committed to constitutional governance are expected to behave,” the court said in its June 20 order.
Justice Panigrahi warned that the conduct of the tehsildar reflects a “troubling pattern where legal process is treated as optional” and could set a dangerous precedent in governance.
The High Court ordered a compensation of Rs 10 lakh to be paid to the affected parties, with Rs 2 lakh to be recovered from the tehsildar’s salary and the remaining Rs 8 lakh to be paid by the state government.
The court also directed the Odisha chief secretary to initiate departmental proceedings against the official and to issue instructions to all revenue officials and municipal authorities across the state to strictly adhere to the Supreme Court’s guidelines on demolition, issued in November 2023.
Those guidelines mandate a 15-day notice period and full procedural compliance before any demolition activity.
Court records reveal that the demolished community centre had existed since 1985 and was reconstructed using government funds between 2016 and 2018.
The Athgarh sub-collector had issued a demolition order in July 2023, which the tehsildar acted upon—despite the High Court’s stay on any such action.
The High Court’s ruling reinforces the necessity for administrative actions to remain within the bounds of law and due process, cautioning against executive overreach under the guise of enforcement.
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