The Supreme Court has banned bulldozer actions till October 1st, temporarily, until the next hearing. They said that they would tell or direct how and when a property can be demolished under the municipal laws of the land.
The court permits this rule to not apply to the encroachments of public roads, footpaths, railway lines, or other public spaces.
“Till next date, there shall be no demolitions without seeking leave of this court. However, such order would not be applicable for unauthorized constructions on public streets, footpaths, abutting railway lines or public spaces,” the Court says.
A bench of Justice B.R. Gavai and K.V. Vishwanathan accused the authorities that they continued to demolish private properties despite a supreme court order on September 2 that says it’s illegal to destroy the homes and private property of accused awaiting trial or even convicts.
Justice Vishwanathan asked Mr. Mehta to assist the court in restricting the illegal demolitions to happen by state or municipal authorities. The judge also said that they could even call the election commission of India before the court to answer.
On Tuesday, Solicitor General Tushar Mehta said that a narrative is being built and that the hands of statutory authorities cannot be tied in this manner.
“Narrative is being built. What is this narrative building? Give us instances, we will give answers on how it was not illegal demolition. We have to demolish all outside narratives.” the solicitor general said on Tuesday, as per the bar and bench.
As per the bar and bench, justice Vishwanathan replied
“We will seek your (S-G Tushar Mehta) assistance over this glorification and grandstanding and justification of bulldozers in the name of illegal construction. We will, if need be, call ECI also. Unauthorized, by all means, after following procedures. But for any other extraneous reasons, it cannot be.”
“Under no circumstances whatsoever. You first dissociate with this view that we are against you. Guidelines have to be in the framework of municipal law and line with Constitutional principles. Heavens will not fall,” justice Vishwanathan continued.
Mr. Mehta accused the petitioner, Jamiat ulema -e- hind, of giving the court a different narrative of demolition. He continued while justifying the demolitions that it was grounded on statutory provisions and municipal laws based on notices issued to the unauthorized buildings.
“I will assist Your Lordships to be disabused of this narrative of the petitioners,” Mr. Mehta reacted.
“Now, should this happen in our country? Where is the sanction for such demolitions? Whether the Election Commission should be issued notice? You will assist us… Unauthorized buildings, by all means after following procedure. But for any other extraneous reasons, under no circumstances whatsoever should it happen,” Justice Viswanathan said.
Jamiat ulama-I-hind had previously filed a plea in the apex court regarding the demolition of some buildings in Jahangir Puri, Delhi.
Highlights by petitioners on recent cases of demolition:
- In Madhya Pradesh, a family’s ancestral home was torn off.
- In Udaipur, a tenant’s house was demolished by the municipal corporation for ‘encroaching’ forest land.
- 70 shops in Madhya Pradesh have been demolished of which 50 belong to Hindus. (Though the government claims that no one petitioned for it as they were aware that their shops are on illegal land.)
- One of the municipal authorities threatened a family in Gujarat to bulldoze their house.
The supreme court, now, will hear the pleas raising grievances against the demolition of homes and private property on October 1st. Until then, the bulldozer actions will be in halt, aside from those illegal encroachments on public property.
