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Informist, Tuesday, Oct. 1, 2024

NEW DELHI - The Supreme Court Tuesday reserved its order on a batch of petitions challenging the demolition of properties, including of people accused of crimes, in several states, and said it will lay down guidelines that will apply across the country. A bench of Justice B.R. Gavai and Justice K.V. Viswanathan observed that even a person’s conviction cannot be the sole grounds to demolish property linked to that person.

"Whatever we are laying down, we are a secular country, we are laying it down for all the citizens, for all the institutions, not for any particular community," the bench said.

The court also made it clear that it will not protect unauthorised construction in public places, on government lands, and in forests. It also observed that there cannot be a different law for any religion.

"We will take care to ensure that our order does not help the encroachers on any of the public places," the bench said. "Close for orders." The bench added that its Sept. 17 order will continue to be in force until the final order is issued.

On Sept. 17, the apex court ordered that no demolition should take place anywhere in the country without its permission till Oct. 1. The order does not apply to encroachments on public spaces and railway lines.

The apex court was hearing petitions against demolitions by state and local authorities without prior notice as a form of retribution. Some of the petitioners said several houses in Delhi were demolished after the riots in Jahangirpuri in 2022 on allegations that those people instigated the 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 Sept. 2 proposed pan-India guidelines to address concerns about demolition of houses or property of those accused of crimes. It said such demolitions cannot be allowed. Another bench of the court on Sept. 12 observed that mere allegations of involvement in crime are no grounds to demolish property. Furthermore, it said, the alleged crime has to be proved through due legal process in a court of law.  End

Reported by Kuldeep Singh

Edited by Rajeev Pai

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