No Bulldozer Demolition For Now Without Permission: Supreme Court
The Supreme Court on Tuesday passed an interim order banning the authorities from demolishing homes and private properties using bulldozers without seeking the court’s permission. However, the court clarified that the order will not effect in the cases where such actions are required to clear unauthorized constructions.
The apex court has said that bulldozing will not be allowed till October 1 without its permission. And the court further added that it would formulate directives on when and how properties can be demolished under the municipal laws of the land.
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The court dismissed concerns by the government – represented by Solicitor General Tushar Mehta – that its order would impact legally sanctioned demolitions. “The heavens won’t fall if we ask you to hold your hands till (the) next hearing”, a bench of Justice BR Gavai and KV Viswanathan declared.
The court also warned against “grandstanding” and “glorification” of this action. “No demolition, till next, date, without permission of this court,” it said, warning the Election Commission may be put on notice.
Last week, a bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti had criticised “bulldozer justice”, and observed that such demolition threats are inconceivable in a country where the law is supreme. This observation was made while the bench was hearing a plea from Gujarat’s Kheda district, which said municipal officers had threatened to demolish a man’s home after a trespassing case was filed against him. That plea cited the top court’s September 2 order, in which it had proposed a set of guidelines to be followed before demolishing homes.
Meanwhile, in September 2, the bench of Justice Gavai and Justice Viswanathan had asked how a house could be demolished just because it belongs to an accused or even a convict in a criminal case.
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“We are on broad guidelines so that there is no bulldozer tomorrow and so that it is documented and checked so that neither side point any lacunae…Why cannot some guidelines be passed so that it is followed? There can be notice, time to file a reply, time to pursue other legal remedies and then the demolition…we want to resolve this on a pan-India basis,” the bench of justices Bhushan R Gavai and KV Viswanathan had stated.
