The Supreme Court of India has put a nationwide halt on property demolitions until October 1, with certain exceptions. The court's order stipulates that no demolitions should occur without explicit permission from the court during this period. However, this freeze does not apply to unauthorised constructions on public roads, footpaths, or similar areas.
The decision was made by a bench consisting of Justices BR Gavai and KV Viswanathan, who were addressing several petitions that challenged the practice of demolishing properties.
The court clarified that while it is imposing a general stay on demolitions, unauthorised structures located on public spaces such as roads, railway lines, and footpaths are not covered by this order.
The court indicated that it would first establish guidelines for handling such cases before proceeding with individual petitions. This approach is akin to the guidelines set in the Vishaka case, which dealt with sexual harassment at workplaces.
The court's focus in this matter is to address the broader implications of property demolitions, especially where they may be used inappropriately as a form of extrajudicial punishment.
The Supreme Court has been inundated with petitions concerning the practice of demolishing properties belonging to individuals accused in various legal cases. Senior advocate CU Singh argued that these demolitions are occurring frequently and without due process. In contrast,
Solicitor General Tushar Mehta defended the practice by providing an example from Madhya Pradesh, where demolitions of shops owned by Hindus were carried out in accordance with legal procedures.
One of the petitions brought to the court's attention underscores the rising trend of illegal demolitions across the country. It highlights concerns that these actions are increasingly being used to punish individuals, particularly from minority and marginalised communities, outside of the legal framework.
The petitioner has requested that the court mandate strict adherence to the law for any demolition activities and ensure accountability for officials involved in illegal demolitions.
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