More Stories

Informist, Tuesday, Sep 17, 2024

 

NEW DELHI – The Supreme Court today ordered that no demolition should take place in the country without its permission till Oct 1, the next date of hearing. However, the order would not apply to encroachments on public spaces and railway lines, the court said.

 

"Till next date there shall be no demolitions without seeking leave of this court. However, such order would not be applicable for unauthorised construction on public streets, footpaths, abutting railway lines or public spaces," a bench of Justice B.R. Gavai and Justice K.V. Viswanathan said. 

 

The apex court was hearing petitions against demolitions by state and local authorities without prior notice and as a form of revenge. Some of the petitioners said several houses in Delhi were demolished after the riots in Jahangirpuri in 2022 on allegations that those people had instigated riots. One petition from Rajasthan said a person's house was demolished in Udaipur because the tenant's son was accused of a crime.

 

The apex court on Sep 2 proposed pan-India guidelines to address the concerns about the demolition of houses or property of those accused of crimes. The apex court said that such a demolition can't be allowed solely because a person is accused of a criminal offence.

 

Raising objections to the apex court's order today, Solicitor General of India Tushar Mehta said that the hands of statutory authorities can't be tied in this manner. However, the top court said that "heavens won't fall" if demolitions are stopped for two weeks. "Stay your hands... What will happen in 15 days?"  

  

The top court said that even if there was one instance of illegal demolition, it was against the ethos of the Constitution. "We made it clear we won't come between unauthorised construction... But the executive can't be a judge," said the apex court.

 

The apex court's remark came after it was informed by a petitioner that the demolitions were going on despite the court expressing concerns about them at the last hearing. One person was accused of stone-pelting and on the same night his house was demolished, said advocate C.U. Singh, appearing for one of the petitioners.

 

"Why hurriedly demolish (it) in 2024 when notices were issued in 2022?" said the top court.

 

The bench said that it would issue guidelines to check misuse of power to demolish unauthorised construction. The bench said that after its last order, there was glorification, grandstanding and justification of demolition by some people. "Now, whether this should happen in our country, if so, what should be the sanction?"

 

Another bench of the apex court on Sep 12 observed that alleged involvement in crime is no ground for demolition of a property. Further, the alleged crime has to be proved through due legal process in a court of law, the bench had said.  End

 

Reported by Surya Tripathi

Edited by Saji George Titus

 

For users of real-time market data terminals, Informist news is available exclusively on the NSE Cogencis WorkStation.

 

Cogencis news is now Informist news. This follows the acquisition of Cogencis Information Services Ltd by NSE Data & Analytics Ltd, a 100% subsidiary of the National Stock Exchange of India Ltd. As a part of the transaction, the news department of Cogencis has been sold to Informist Media Pvt Ltd.

 

Informist Media Tel +91 (11) 4220-1000

Send comments to feedback@informistmedia.com

 

© Informist Media Pvt. Ltd. 2024. All rights reserved.