SC halts property demolitions nationwide until October 1, excludes unauthorised constructions on public roads
Sep 17, 2024
New Delhi [India], September 17 : The Supreme Court on Tuesday ordered that, across the country, no demolition of property should occur without court permission until October 1, the next hearing date. However, the court clarified that this order will not apply to unauthorised constructions on public roads, footpaths, and similar areas.
A bench of Justices BR Gavai and KV Viswanathan issued the order while hearing a series of petitions challenging the practice of bulldozing properties.
The court stated that if unauthorised constructions--whether temples, mosques, or other religious structures--exist on public roads, footpaths, or railway lines, the stay on demolitions will not apply.
The bench also noted that it would first lay down guidelines, similar to those in the Vishaka case, before considering individual cases.
Several petitions were filed in the Supreme Court against the bulldozing of houses belonging to individuals accused in various cases.
Senior advocate CU Singh argued that demolitions are taking place daily. Solicitor General Tushar Mehta, however, countered this by citing an example from Madhya Pradesh, where many shops belonging to Hindus were demolished in accordance with legal procedures.
In a previous hearing, the court had expressed its intent to resolve the matter.
The Supreme Court is hearing multiple petitions related to the bulldozing of immovable properties. One of the petitions highlighted the growing culture of illegal demolitions in the country, where such actions are increasingly being used as a form of extra-legal punishment, particularly against minorities and marginalised communities.
The petitioner requested that the court direct no punitive actions against residential or commercial properties of accused individuals in criminal proceedings, stressing that all demolition activities must strictly comply with the law. The plea also demanded strict action against officials involved in illegal demolitions without following due process.
