In a new development, while hearing a batch of pleas against “bulldozer actions” the supreme court has reportedly passed an interim order that no demolition should be carried out without its permission.
However, the Court made it clear that this order won’t be applicable to encroachments on public roads, footpaths, railway lines, or waterbodies.
“Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces,” the Court ordered.
A bench of Justices BR Gavai and KV Viswanathan issued a directive in response to a petition challenging the practice of several state governments demolishing the properties of individuals accused of crimes as a form of punishment. The Court has scheduled the next hearing for October 1.
Solicitor General of India Tushar Mehtar condemned the court’s order and said that the hands of statutory authorities can’t be tied in this manner. However, the bench refused to relent, saying that “heavens won’t fall” if the demolitions are stopped for two weeks. “Stay your hands. What will happen in 15 days?”, Justice Gavai said.
The bench, however, said that it has passed the direction invoking its special powers under Article 142 of the Constitution.
“Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” Justice Viswanathan said during the brief hearing.
“We made clear we won’t come between unauthorised construction…But the executive can’t be a judge, ” Justice Gavai said.
Senior Advocate Chander Uday Singh, during the hearing, said that demolitions are goin on despite the Court expressing concerns about demolition actions on their last hearing.
Background
In 2022, a series of petitions were filed with the Supreme Court challenging a demolition drive planned for April in Delhi’s Jahangirpuri. While the drive was stayed, petitioners sought a declaration that such demolitions cannot be used as punitive measures. Among the petitioners was former Rajya Sabha MP and CPI(M) leader Brinda Karat, who contested the demolitions carried out by the North Delhi Municipal Corporation following communal violence during Shobha Yatra processions.
During a September 2023 hearing, Senior Advocate Dave, representing some petitioners, expressed alarm over the increasing trend of state governments demolishing the homes of individuals accused of crimes. He argued that the right to a home is integral to the right to life under Article 21 of the Constitution and requested that the Court mandate the reconstruction of the demolished houses.
