SC parks bulldozers, orders no demolitions without its permission

The Supreme Court on Tuesday ordered that no demolitions will take place in the country except with the permission of the top court.

However, a bench, headed by Justice B.R. Gavai, clarified that its order will not protect any unauthorised construction on public roads, streets, footpaths, railway lines, or public places.

Posting the batch of petitions alleging demolitions carried out without notice for the next hearing on October 1, the bench, also comprising Justice K.V. Viswanathan, directed that no demolition will take place except with the leave of the court.

Justifying the demolitions, Solicitor General Tushar Mehta said that a "narrative" has been built and demolitions were carried out after notices were served in respect of structures built in violation of municipal law.

"There cannot be a stay against illegal demolition. I have filed an affidavit that there cannot be any demolition except in accordance with applicable law and not on the ground that the person is guilty of any offence," he reiterated.

In an earlier hearing held on September 2, the top court mulled the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences. It had stressed that even unauthorised construction has to be demolished in "accordance with law" and state authorities cannot resort to the demolition of the property of the accused as a punishment.

The SC remarked that not only the house of an accused, but that of a convict cannot also meet such a fate, while clarifying the apex court's intention to not protect unauthorised structures.

Posting the matter for hearing after two weeks, it had asked parties to place on record their suggestions for framing of guidelines. The apex court was hearing a plea filed by Jamiat Ulema-i-Hind, claiming that several houses of persons were demolished in Delhi's Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots. Several applications against bulldozer actions across various states were also filed in the same pending matter.

The petition contended that authorities cannot resort to bulldozer action as a form of punishment and such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution. Further, it prayed for direction to order the reconstruction of the houses demolished.