No demolition of property anywhere in India without permission till Oct 1, directs Supreme Court
A bench of Justices B R Gavai and K V Viswanathan was hearing petitions alleging properties of those accused of crime were being demolished in several states.
The Supreme Court of India has directed that no demolition of property will happen anyplace in India without the Court’s permission until October 1, the date of the following hearing. However it, the Court clarified that this stay order will now now not apply to any unauthorised constructions on public roads, footpaths, or similar public spaces. “Despite the truth that there's one instance of an illegal demolition… or not it truly is some distance against the ethos of our Constitution,” the bench observed. This ruling provides temporary protection to properties from demolition unless the Court grants specific permission, as opposed to in cases involving public spaces where unauthorized structures pose a hindrance.
A bench of Justices B R Gavai and K V Viswanathan was hearing petitions alleging properties of those accused of crime were being demolished in a lot of states. “Despite the truth that there's one instance of illegal demolition, or not it truly is some distance against the ethos of our Constitution,” the Supreme Court said
Solicitor General Tushar Mehta told the bench that a “narrative” was being built over demolition of properties. “Rest assured that outside noise is now now not influencing us,” the bench told the senior law officer.
Supreme Court directs that no demolition of property anyplace in India will happen without permission of the Court till October 1, the following date of hearing but clarifies that this order will now now not be applicable to any unauthorised construction on public roads, footpaths, among… %twitter.com/kdZKpkM0Ue
— ANI (@ANI) September 17, 2024
In an earlier hearing held on September 2, the pinnacle court mulled the formation of pan-India guidelines against the demolition of property of people accused of committing criminal offences. It had stressed out that even unauthorised construction must be demolished in “accordance with law” and state authorities can not resort to the demolition of the property of the accused as a punishment.
The SC remarked that now now not best the house of an accused, but that of a convict can not also meet such a fate, while clarifying the apex court‘s intention to now now not offer protection to unauthorised structures.
Posting the matter for hearing after two weeks, it had asked parties to place on record their suggestions for framing of guidelines. The apex court was hearing a plea filed by Jamiat Ulema-i-Hind, claiming that quite a few houses of persons were demolished in Delhi’s Jahangirpuri immediately after the riots in April 2022 on the allegation that they'd instigated riots. Several applications against bulldozer actions across a kind of states were also filed contained in the same pending matter.
The petition contended that authorities can not resort to bulldozer action as a sort of punishment and such demolitions violated the suitable to a home, a side of the suitable to life lower than Article 21 of the Constitution. In addition to, it prayed for direction to order the reconstruction of the homes demolished.
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