The Supreme Court of India on Tuesday said that it would formulate directives on when and how properties can be demolished under the municipal laws of the land. The Supreme Court heard pleas raising grievances that the properties of persons who were accused of some crime were being demolished in several states.
Further, the Supreme Court stopped bulldozer demolition across India until October 1 without the court's permission. The apex court also said permission was not required for demolitions on public roads, water bodies, and railway lines.
“We are streamlining direction so no one can misuse the law and indulge in any Constitutional infirmity,” the apex court observed.
On Tuesday, Solicitor General Tushar Mehta told the Supreme Court that a narrative was being built during the hearing of pleas against 'bulldozer justice'.
"Narrative is being built. What is this narrative building? Give us instances, we will give answers on how it was not illegal demolition. We have to demolish all outside narratives," Bar and Bench quoted the solicitor general as saying on Tuesday.
According to Bar and Bench, Justice Vishwanathan told Tushar Mehta, “We will seek your (S-G Tushar Mehta) assistance over this glorification and grandstanding and justification of bulldozers in the name of illegal constructions. We will, if need be, call ECI also. Unauthorised, by all means, after following procedures. But for any other extraneous reasons, it cannot be."
"Under no circumstances whatsoever. You first dissociate with this view that we are against you. Guidelines have to be in the framework of municipal law and in line with Constitutional principles. Heavens will not fall,” Justice Vishwanathan added.
The Supreme Court will hear on October 1 pleas raising grievances against demolition of properties of those accused of crime.
During the hearings on September 2, the Supreme Court questioned the legality of demolishing a person’s house merely because they were an accused.
The apex court had remarked, “How can anybody's house be demolished only because he is an accused? Even if he is a convict, still it can't be done without following the procedure as prescribed by law.” The top court indicated its intention to establish nationwide guidelines to address this issue effectively.
The top court was hearing the petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure no further demolition of properties of those accused in cases of rioting and violence.
The Jamiat Ulama-i-Hind had earlier filed a plea in the apex court over the demolition of some buildings in the Jahangirpuri area of the national capital.
