New Delhi: The Supreme Court strongly condemned ‘glorification’ and ‘grandstanding’ for bulldozer actions in the country. It reiterated its commitment to justice by noting that, if necessary, it will involve the Election Commission of India in the issue. The Court halted all demolition efforts across the country, except those with its approval, until the next hearing date.
A bench headed by Justice B.R. Gavai passed the order. It said that unauthorised structures may be demolished following the due procedure but that property may not be demolished for “extraneous reasons.”
The Bench, comprising Justice K.V. Viswanathan, clarified that its order will not protect any unauthorised construction on public roads, streets, footpaths, railway lines, or public places.
In a bid to protect legal rights, the Supreme Court posted the batch of petitions alleging demolitions carried out without notice for the next hearing on October 1. It assured that it would lay down directives within the framework of municipal law, guaranteeing legal remedies and ensuring justice is served.
The apex court said that neither the unauthorised occupants nor the authorities should be allowed to take advantage of ‘lacunas’ in municipal laws.
Solicitor General Tushar Mehta said that a ‘narrative’ had been built, suggesting that demolitions were carried out after notices had been served on structures built in violation of municipal law. This narrative was being used to create sympathy for the violators when, in fact, they had been duly warned and were in breach of the law.
The Supreme Court, in a firm and unwavering stance against illegal demolitions, stated, ‘There cannot be a stay against illegal demolition.’ It emphasised that demolitions should only be carried out in accordance with applicable law and not on the ground that the person is guilty of any offence, providing strong support for justice.
“Let them (PIL litigants) bring one incident where the law was not complied with. Affected parties don’t approach because they knew they had received notices and their construction was illegal,” he added.
In an earlier hearing held on September 2, the top court considered the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences. It stressed that even unauthorised construction must be demolished in “accordance with law” and that state authorities cannot resort to the demolition of the accused’s property as a punishment.
The SC remarked that not only the house of an accused but also the house of a convict cannot meet such a fate while clarifying the apex court‘s intention to not protect unauthorised structures. After two weeks, it posted the matter for hearing and asked parties to record their suggestions for framing guidelines.
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The apex court was hearing a plea filed by Jamiat Ulema-i-Hind, claiming that several houses of persons were demolished in Delhi’s Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots. Several applications against bulldozer actions across various states were filed in the same pending matter. The petition contended that authorities cannot resort to bulldozer action as punishment. Such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution.
Further, it prayed for direction to order the reconstruction of the houses demolished.
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–IANS
