Bulldozer Practice: Supreme Court Extends Interim Order Pausing Demolition
New Delhi: The Supreme Court on Tuesday reserved order on the issue of framing pan-India guidelines relating to demolition drive and extended its interim order, pausing bulldozer practice without permission till further order.
A bench of Justices BR Gavai and KV Vishwanathan reserved the order after hearing the matter for a length.
The Supreme Court also extended an interim order for not demolishing any property without permission until further orders.
However, the interim order will not apply to any unauthorised construction, including religious structures on roads and footpaths, among others. The Supreme Court remarked that public safety is paramount, and whether it be a temple, dargah, or gurudwara in the middle of a road, it has to go as it cannot obstruct the public. The top court during the hearing said that India is a secular country and clarified that it will issue directions for pan-India that apply to all religions.
The court made it clear that demolition can't be conducted merely on the ground that the person is accused or convicted.
The top court said that it is only concerned about misuse of the municipal laws. The Supreme Court also expressed concern on the issue that if there are two structures in violation and action is taken only against one and later one finds the criminal background soon after.
SC also said that there has to be a law for unauthorised constructions, and it is not dependent on religion, faith, or beliefs.
When the hearing began, Solicitor General Tushar Mehta informed the SC that he has certain suggestions on pan-India guidelines on demolition drives. SG Tushar Mehta said the person alleged to be part of an offence cannot be ground for demolition.
The court sought to know if the person is convicted, will it be grounds for demolition of property. SG Mehta replied to SC No, absolutely not, and even for heinous crimes.
The court remarked that there will be different laws for municipal corporations and nagar panchayats and suggested an online portal for awareness.
Senior Advocate CU Singh for the petitioner said that in Gujarat, 28 homes were demolished on September 9. To which the top court remarked that only debate is now on the post-order period.
SG Tushar Mehta said in Madhya Pradesh, many encroached properties that belong to Hindus were demolished. SC said that it is not encouraging encroachments.
Senior Advocate CU Singh for the petitioners took court through the statements made by high constitutional authorities, which state that they will use bulldozers as a measure of crime fighting.
Senior Advocate CU Singh further said that people are fighting elections on this basis, and it has become a tool.
On September 17, the top court ordered that across the country, no demolition of property will take place without permission of the court till October 1, the next date of hearing, but clarified this order will not be applicable on any unauthorised construction on public roads, footpaths, among others. The top court extended its interim order today.
The top court has also said that if there is any unauthorised construction, even if it is the temple, mosques, or any religious structures on public roads, footpaths, and railway lines, then the order of pausing demolition will not apply.
The top court was hearing various petitions relating to bulldozer practice by the authorities to demolish immovable properties.
One of the applications filed recently said that the increasing culture of illegal demolitions in the country is turning extra-legal punishment by the state into a norm, and minorities and marginalised communities have been increasingly victimised by using extra-legal demolitions as a tool of punishment and creating a harrowing precedent for people in general and for the members of the minority communities in particular.
The petitioner sought to issue direction that no action be taken against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punishment.
The plea also sought that any demolition exercise must strictly be carried out in accordance with the law.
Strict action to be taken against officials who have participated in an illegal exercise of demolition of properties of accused persons without following the due process of law, the plea demanded. (ANI)
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