Upholding the ethos of Constitution, Supreme Court on Tuesday directed that all authorities across the country will not demolish properties, including of those accused of crime, till October 1 without seeking its permission. A bench of Justices BR Gavai and KV Viswanathan clarified that its order will not be applicable to unauthorised structures on public roads, footpaths etc.
“Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution,” the bench observed, adding that bulldozer justice is against ethos of the Constitution. The apex court said till October 1, the next date of hearing, no demolition be carried out “without seeking leave of this court”. The top court was hearing petitions alleging properties of those accused of crime were being demolished in several states illegally.
Solicitor General Tushar Mehta told the bench that a “narrative” was being built over the demolition of properties. He said there was a petition before the apex court which alleged that because the person belonged to a particular religion, his property was demolished.
“Let them bring to your lordships’ notice one instance of demolition where the law is not complied (with),” the law officer said, adding that the affected parties have not approached the court because they know that they have received notices and their constructions were illegal.
“Rest assured that outside noise is not influencing us,” the bench told the senior law officer. The bench also expressed its displeasure over the statements made after the September 2 hearing in the matter during which the apex court had said it proposes to lay down certain guidelines on the issue that would be enforceable across the country.
“After that order, there have been statements that the bulldozer will continue … and it all depends in whose hands the steering is,” the bench said. It said such statements were made and the court was refraining from saying anything further on that.
“Mr Mehta, after these directives are laid down, we will seek your assistance on this glorification and grandstanding… You will assist us on how to stop this. If necessary, we will ask the Election Commission also,” the bench said. While hearing these petitions on September 2, the apex court had questioned how anybody’s house can be demolished just because he was an accused.
The Solicitor General, appearing for Uttar Pradesh, had referred to an earlier affidavit filed by the State in the matter. He had said the affidavit states that merely because a person was alleged to have been a part of some offence can never be a ground for demolition of his immovable property.
