New Delhi: The Supreme Court, on Monday, observed that a house cannot be demolished even if the person has been convicted, while hearing a petition challenging bulldozer action against accused individuals in various cases.
“How can house be demolished just because he is accused? Can’t be demolished even if he’s convict. Even after telling SC Bar is … we don’t find any change in attitude,” justice BR Gavai remarked while hearing a plea filed by the Muslim scholars’ body, Jamiat Ulama-e-Hind.
Justice KV Viswanathan, who mentioned that “nobody should take advantage of lacunas”, observed that a “father may have a recalcitrant son, but if house is demolished on this ground…this is not the way to go about it”.
The top court’s comments came when Solicitor General Tushar Mehta, appearing for the central government, argued that the houses are being demolished when there is a violation of the law. “We act only if there are municipal law violations,” he said.
In response, the bench noted, “But looking at the complaints, we feel there is a breach”. Justice Gavai said, “Though this is a position of law, it is being followed more in breach”, also observing that if construction is unauthorised, it has to be in “accordance with law”. Justice Viswanathan also observed the need for a guideline on demolishing unauthorised buildings to be enforced across the state. Justice Gavai said, “Let the suggestions come. We will issue guidelines on a pan-India basis”.
“Immovable properties can be demolished only based on procedure…affidavit also filed by…we propose to lay down certain guidelines on a pan-India basis so that concerns with regard to issues raised are taken care of,” the bench said.
The Supreme Court will continue hearing the matter on September 17.
The top court is dealing with multiple cases related to the practice of using bulldozers to demolish properties allegedly linked to individuals involved in criminal activities. This, often termed “bulldozer justice,” has also been a subject of significant controversy.
