SC to deliver order on issue of framing pan-India guidelines over demolition drives

The Supreme Court will deliver order on Wednesday on the issue of framing pan-India guidelines relating to demolition drive of properties in the country.

The judgement will be delivered by a bench of justices BR Gavai and KV Vishwanathan.

On October 1, the top court reserved the order after hearing the matter for a length.

The Supreme Court on October 1 also extended interim order for not demolishing any property without permission, till further orders.

However, the interim order will not apply to any unauthorised constructions including religious structures on roads, footpaths, among others.

Supreme Court had earlier remarked that public safety is paramount and whether it be temple, dargah or gurudwara in the middle of road it has to go as it cannot obstruct publicThe top court had remarked during the hearing that India is a secular country and clarified that it will issue directions for pan India which apply for all religions.

The court made it clear that demolition can’t be conducted merely on the ground that the person is accused or convicted.

The top court had said that it is only concerned about misuse of the municipal laws.

The Supreme Court had also expressed concern on the issue that if there are two structures in violation and action is taken only against one and later one finds the criminal background soon after.

SC had also said that there has to be law for unauthorised constructions and it is not dependent on religion or faith or beliefs.

The court had remarked that there will be different laws for municipal corporations, nagar panchayats and suggested an online portal for awareness.

On September 17, the top court ordered that across the country, no demolition of property will take place without permission of the court till October 1, the next date of hearing but clarifies this order will not be applicable on any unauthorised construction on public road, footpaths, among others.

The top court was hearing various petitions relating to bulldozer practice by the authorities to demolish immovable properties.

One of the applications filed recently said that the increasing culture of illegal demolitions in the country turning extra-legal punishment by the State intoa norm and minorities and marginalized communities have been increasingly victimised by using extra-legal demolitions as a tool of punishment and creating a harrowing precedent for people in general and for the members of the minority communities in particular.

The petitioner sought to issue direction that no action be taken against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punishment.

The plea also sought that any demolition exercise of must strictly be carried out in accordance with the law.

Strict action to be taken against officials who have participated in an illegal exercise of demolition of properties of accused persons without following the due process of law, the plea demanded.