The Supreme Court on Tuesday directed that no demolition should take place across the country without its permission.
The Bench of Justice BR Gavai and Justice KV Viswanathan passed the interim order on a petition challenging the alleged actions of various state governments demolishing the buildings of persons accused of crimes as a punitive measure.
The Bench clarified that this order would not apply to unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces. It then listed the matter for further hearing on October 1.
Solicitor General Tushar Mehta objected to the order, stating that the hands of statutory authorities could not be tied in this manner.
However, the Apex Court refused to relent, stating that the heavens would not fall if the demolitions were stopped for two weeks. It said the interim order has been passed invoking the special powers of the Court under Article 142 of the Constitution.
The SG contended that a “narrative” was being built that a particular community was being targeted, to which the Apex Court replied that outside noises were not influencing its decisions.
Even if there was one instance of illegal demolition, it was against the ethos of the Constitution, noted the Court, adding that the executive could not be a judge.
Senior Advocate Chander Uday Singh contended that demolitions were going on despite the Court expressing concerns about demolition actions on its last hearing. He submitted that one party was accused of stone-pelting and on the same night, his house was demolished.
Referring to one of the cases, SG Mehta said the notices for demolition were sent to the parties way back in 2022 and in the meanwhile, they committed certain offences. The demolition and the involvement of the accused in the offences were not linked, he clarified.
The Apex Court then asked why the properties were suddenly demolished in 2024. It observed that it intended to formulate guidelines to check the misuse of power regarding the demolition of unauthorised constructions.
The Bench further noted that after its last order, where it expressed its intention to lay down guidelines, certain statements were made by some Ministers that bulldozer action would continue.
Expressing its displeasure over statements justifying the bulldozer actions, the Apex Court asked whether the Election Commission should be issued notice in the case.
A batch of petitions were filed before the Supreme Court in 2022, relating to the demolition drive scheduled for April, 2022 in Delhi’s Jahangirpuri. The drive was ultimately stayed, but the petitioners prayed for a declaration that authorities cannot resort to bulldozer actions as a form of punishment.
Earlier on September 2, the Apex Court had asked the parties to submit draft suggestions, which could be considered by the Court to frame pan-India guidelines.
The proposals were to be submitted to Senior Advocate Nachiketa Joshi, who was asked to collate them and present them to the Court.
The Bench came down heavily on the states for resorting to house demolition as a punishment. It said that even if a person was convicted in a case, his house could not be demolished.
A father may have a recalcitrant son, but if the house was demolished on this ground, this was not the way to go about it. Even if some construction was unauthorised, the demolition could be carried out as per the procedure in accordance with law, it added.
The Apex Court said while it would not protect any unauthorised construction, some guidelines were necessary to streamline the issue.
Appearing for the State of Uttar Pradesh, Solicitor General of India Tushar Mehta said the State had submitted an affidavit in the matter, which said that merely because a person was alleged to be part of an offence, could not be a ground for demolition.
No immovable property could be demolished because the owner or occupant was involved in an offence, he added.
Referring to the cases mentioned in the petition filed against the UP government, the SG said notices for violations were sent to the persons and since they did not respond, the unauthorised constructions were demolished following the process under the municipal laws.
Representing the Jamiat Ulema-i-Hind, Senior Advocate Dushyant Dave contended that several houses were demolished in Delhi’s Jahangirpuri immediately after the riots in April 2022 on the allegation that they belonged to persons who instigated the riots.
Senior Advocate Chander Uday Singh cited a case from Udaipur, where a person’s house was demolished because the tenant’s son was accused of a crime.