SC proposes pan-India guidelines for demolition actions
This story was originally published at 16:04 IST on 2 September 2024
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NEW DELHI – The Supreme Court today proposed pan-India guidelines to address the concern regarding demolition of houses or property of accused involved in crimes. The apex court said such a demolition can't be allowed solely because a person is accused of a criminal offence.
"How can a house be demolished just because he is accused? It can't be demolished even if he's convict.." questioned the Bench of Justice B.R. Gavai and Justice K.V. Viswanathan. "We propose to lay down some guidelines on a pan-India basis so that concern raised is taken care of. We appreciate the stand taken by the State of Uttar Pradesh. We find that it is appropriate that counsel for the parties can give suggestions so that the court can frame guidelines which are applicable on pan-India basis," the Bench added.
The apex court was hearing petitions regarding demolitions which were taking place without notice and as a form of revenge. Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, said, "No immovable property can be demolished because owner/occupant is involved in offense". In the cases mentioned against the Uttar Pradesh government, notices were issued to the parties. However, there was no response and hence demolition was carried on following the process of municipal laws, Mehta said.
Advocate Dushyant Dave, appearing for Jamiat Ulema-i-Hind, said several houses were demolished after the riots in Delhi's Jahangirpuri in 2022 on allegations that those people had instigated riots. Advocate Chander Singh, appearing for one of the parties, mentioned cases from Udaipur in Rajasthan where a person's house was demolished because the tenant's son was accused of crime. End
Reported by Surya Tripathi
Edited by Vidhi Verma
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