Dynamite News SC reserves verdict on framing guidelines for bulldozer demolition
A bench of Justices BR Gavai and KV Vishwanathan reserved the order after hearing the matter for a length. Read further on Dynamite News:
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.
Supreme Court interim order
The Supreme Court also extended interim order for not demolishing any property without permission, till further orders.
However the interim order will not apply to any unauthorised constructions including religious structures on roads, footpaths among others.
Public safety is paramount
Supreme Court remarked that public safety is paramount and whether it be temple, dargah or gurudwara in the middle of road it has to go as it cannot obstruct public.
The top court during the hearing said that India is a secular country and clarified that it will issue directions for pan India which apply for 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.
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Law for unauthorised constructions
SC also said that there has to be law for unauthorised constructions and it is not dependent on religion or faith or beliefs.
SG Tushar Mehta statement
When the hearing begins, 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 a ground 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, nagar panchayats and suggested an online portal for awareness.
28 homes demolished Gujarat
Senior Advocate CU Singh for petitioner said that in Gujarat 28 homes were demolished on 9th September. 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 property that belongs to Hindu were demolished. SC said that it is not encouraging encroachments.
Senior Advocate CU Singh for petitioners took court through the statements made by high constitutional authorities which states 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.
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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 clarifies this order will not be applicable on any unauthorised construction on public road, 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 turning extra-legal punishment by the State into a norm and minorities and marginalized 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 of 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. (with Agency inputs)