In a serious case involving the alleged demolition of a commercial structure without following due legal procedure, the Jammu and Kashmir High Court has issued notice to the Union Territory administration, seeking its response. The writ petition filed before the court seeks ₹5 crore in compensation, judicial recognition of the violation of the petitioner’s right to livelihood, and directions for the reconstruction of the demolished structure.
A single bench of Justice Rahul Bharti, while hearing the petition filed by Farooq Ahmad Wani, observed that the matter raises issues concerning the conflict between administrative action and constitutional rights. According to the petition, the district administration demolished the commercial structure by deploying heavy police force and machinery, without issuing any prior notice or providing an opportunity of hearing, causing severe financial loss to the petitioner and depriving him of his means of livelihood.
The petitioner informed the court that he was in possession of the land on the basis of a valid agreement executed on March 8, 2018, with the original allottee of the State land. Despite this, he has alleged that the administrative action was arbitrary and contrary to law.
The plea also relies on the Supreme Court’s directions in In Re: Directions in the matter of demolition of structures (2022), which clearly mandate that notice, an opportunity of hearing, and adherence to prescribed procedure are compulsory before carrying out any demolition. The petitioner has alleged that these safeguards were openly violated.
In addition to compensation, the petition seeks directions for the reconstruction of the demolished structure, an inquiry against the officials concerned, and strict enforcement of due process before any demolition is carried out in the future.
During the hearing, the High Court ordered the maintenance of status quo at the site, directing that no construction or reconstruction shall be undertaken there until the next date of hearing. The order has been made subject to objections from the respondents.
Notice was accepted on behalf of the Union Territory administration by the Senior Additional Advocate General. The court has listed the matter for further hearing on January 31, 2026.
The case assumes wider significance amid the growing national debate over demolition drives carried out using bulldozers—often referred to as “bulldozer justice.” Courts across the country have increasingly questioned whether such actions are compatible with the constitutional guarantees of the right to life and livelihood. The High Court’s notice in the present case is being viewed as an important legal milestone in this ongoing debate.
