NEW DELHI: In a landmark verdict, the Supreme Court, on Wednesday, held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime.
The apex court stated that such unilateral action by the executive branch is contrary to the rule of law, adding that it is a violation of the principle of separation of powers and it is up to the judiciary to pronounce on the guilt of a person.
The SC said any such demolition carried out without permission from the authorities concerned would be considered “arbitrary".
The court noted that a house was not just a property and it gave a sense of dignity. A bench comprising Justices BR Gavai and KV Viswanathan said it will be “totally unconstitutional" if houses of people are demolished merely because they are accused or even convicts.
Meanwhile, the Supreme Court mandated the demolition proceedings to be properly recorded in a video, further instructing to duly preserve the footage. The demolition report shall be sent to the district collector and displayed on a digital portal, the judges stated.
The bench directed that no demolition be carried out without prior show cause notice and within 15 days from the date of the notice being served.
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