A division bench comprising Justices BR Gavai and KV Viswanathan clarified that the guidelines to be issued by the court will apply pan-India regardless of an individual’s religion or belief system.
“We are a secular country. The order (to be passed) will not help encroachers. We are going to make it clear that any accused or convict cannot be penalised (by state authorities) by demolishing his/her house. The demolition can be ordered (by state authorities) only in case of violation of Municipal laws”, Justice Gavai verbally remarked.
The Bench said its previous interim order, passed on September 17, restraining government authorities from demolishing properties of those suspected of criminal activities, without first seeking the court’s permission, would stand extended till the verdict is pronounced.
The Bench also made it clear that its judgment would not apply to cases where such demolitions are required to clear unauthorised construction.
The Bench, on Tuesday, suggested that there should be an online portal for intimation of those going to be affected by proposed demolitions, and videography of the action taken.The Bench underlined the need to clear encroachments on public land(s).”If there is any religious structure on the middle of the road be it gurudwara or dargah or temple, it cannot obstruct the public,” the Bench orally observed.
The court also observed that judicial oversight was required over the orders issued for demolition of any constructions
Solicitor General Tushar Mehta, appearing on behalf of States of Uttar Pradesh, Gujarat and Madhya Pradesh, urged the Bench to refrain from laying down a law which may “inadvertently” benefit the encroachers or builders who are encroaching upon public lands.
Mehta made it clear that demolition of one’s premises can only happen if there is a violation of municipal laws. Mehta said that just because an individual is an accused or even has been convicted of a heinous crime cannot be penalised by demolishing his/her premises.
The Bench added that an advance notice may be given to the individual whose premises is to be demolished via registered post.
The Bench also suggested there should be an online portal for intimation of the public before any such action is taken. The Bench observed that once an order for a demolition is passed, it may not be executed for some time.
