New Delhi: The Supreme Court on Monday (September 2) has taken a significant step towards addressing the growing concern over authorities in various states demolishing the homes of individuals accused of crimes as a form of punishment. A bench comprising Justices B.R. Gavai and K.V. Viswanathan announced its intention to establish nationwide guidelines to regulate this practice, Live Law reported.
During the hearing, the court expressed concerns about the practice of house demolition as punishment.
Justice Gavai was quoted by Live Law as saying, “How can a house be demolished just because he is accused? It can’t be demolished even if he’s convicted.”
The bench emphasised that while unauthorised constructions should not be protected, some guidelines are necessary to ensure that demolitions are carried out in accordance with the law.
“Why can’t some guidelines be laid down? It should be put across states…This needs to be streamlined,” Justice Viswanathan said, as per the report.
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He added: “A father may have a recalcitrant son, but if the house is demolished on this ground…this is not the way to go about it.”
Solicitor General of India, Tushar Mehta, represented the state of Uttar Pradesh, which has stated that demolition cannot be justified solely based on allegations. Mehta referred to the state’s affidavit, which reads, “No immovable property can be demolished because the owner/occupant is involved in an offense.”
Mehta added that in the cases cited in the petition against the Uttar Pradesh government, individuals were served notices for violating building codes, but they failed to respond. Consequently, the unauthorised structures were demolished in accordance with established municipal procedures.
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The court’s move comes after a batch of petitions challenged the “bulldozer actions” in various states, including Delhi’s Jahangirpuri and Udaipur. Senior Advocate Dushyant Dave, appearing for Jamiat Ulema-i-Hind, cited instances where houses were demolished without due process. The court has requested parties to submit draft proposals for consideration in framing the guidelines and has scheduled the next hearing in two weeks.
In a related development, the court allowed an intervention application from the National Federation of Indian Women, represented by Advocates Nizam Pasha and Rashmi Singh. The federation is expected to present its views on the issue during the next hearing.
