Demolition Of Properties: “Will Lay Down Guidelines For All”- SC

The Supreme Court on Tuesday has announced it will establish guidelines regarding property demolition that apply to all citizens, not just specific communities.

The court emphasized that these guidelines will be applicable nationwide, stating that being an accused or a convict does not justify property demolition.

“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,” declared Justices BR Gavai and KV Viswanathan.

The bench asserted that there cannot be separate laws based on religion and made it clear that it would not protect unauthorized constructions on public roads, government land, or forests. “We will take care to ensure that our order does not help the encroachers on any of the public places,” they added.

Currently, the Supreme Court is reviewing a series of petitions claiming that properties of individuals accused of crimes have been demolished in various states.

On September 17, the court ordered a halt to property demolitions, including those belonging to accused individuals, until October 1, unless permitted otherwise. The court noted that even a single instance of illegal demolition contradicts the “ethos” of the Constitution.

Importantly, the court clarified that its order does not apply to unauthorized structures on public properties such as roads, streets, footpaths, or near railway lines and water bodies, nor to cases where a court has issued a demolition order. The hearings on this matter are ongoing.

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