In a landmark judgment, the Supreme Court on Tuesday said that a religious structure standing in the middle of the road, whether a Gurdwara or Dargah or temple, cannot become a public nuisance.
Observing that its directions will be applicable all over India, the top court said it will make it clear that merely because a person is an accused or even a convict, it can’t be a ground for demolition of property.
The landmark remark came as the SC was hearing a batch of pleas against demolition of properties. Highlighting the significance of secularism in the country, the apex court noted that it will lay down guidelines for all citizens.
“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,” a bench of Justices B R Gavai and K V Viswanathan said.
All Demolition Activities Nationwide Paused Until October 1, 2024
Stating that there can’t be a different law for a particular religion, the bench said it will not protect any unauthorized constructions on public roads, government lands or forests. “We will take care to ensure that our order does not help the encroachers on any of the public places,” the bench noted.
Earlier on September 17, the Supreme Court had said that no demolition should take place in the country without its prior permission, till next hearing on October 1.
However, the SC had said it clearly that the order would not be applicable in case of encroachments on public roads, footpaths, railway lines and waterbodies.
The Supreme Court’s order to stop unauthorized “bulldozer action” until October 1 came while hearing a petition by Jamiat Ulema-e-Hind. The petition claimed that properties of people accused of crimes were being demolished in Uttar Pradesh and other states.
The court had observed that even one instance of illegal demolition was against the “ethos” of the Constitution.
