The Wire Staff 
New Delhi: In a significant move, the Supreme Court on Tuesday (September 17) has directed that no demolitions should take place in the country without its explicit permission.
A bench comprising of Justices B.R. Gavai and K.V. Viswanathan made it clear that the order won’t apply to encroachments on public roads, footpaths, railway lines, and water bodies.
This interim order comes as a response to a batch of pleas challenging the bulldozer actions taken by authorities against houses of individuals accused of crimes.
“Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces,” the court ordered, as per a Live Law report.
When Solicitor General Tushar Mehta underlined that a “narrative” was being built that a particular community was being targeted, Justice Viswanathan responded, according to LiveLaw, “Outside noise not influencing us. We won’t get into question of… which community… at this point. Even if there is one instance of illegal demolition, it is against ethos of Constitution.”
The matter has been relisted for October 1.
On September 2, the bench had announced its intention to establish nationwide guidelines to regulate this practice of demolishing the homes of individuals accused of crimes as a form of punishment. The bench had 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.
However, Uttar Pradesh chief minister Adityanath continued to gloat over the use of bulldozers by his government and almost compared himself to one on September 4. “Not everyone’s hands can fit on a bulldozer,” said Adityanath with a smirk at an official event in Lucknow.
Similarly, Uttar Pradesh power minister A.K Sharma justified and defended the use of bulldozers by the state government, saying it was an instrument used by chief minister Adityanath to wipe out goondaism and “mafia raj,” The Wire reported earlier.
The bench has commented on these statements.
“After the order, there have been statements that bulldozer will continue…” Justice Gavai said, referring to the September 2 apex court order.
“After September 2, there has been grand standing and justification. Should this happen in our country? Should Election Commission be noticed? We will formulate directives,” Justice Viswanathan added.
Similarly, on September 12, a three-judge-bench of the apex court, led by Justice Hrishikesh Roy and Justices Sudhanshu Dhulia and S. V. N. Bhatti slammed the law enforcement agencies of the Gujarat government over using bulldozers to demolish houses when one member of the family is accused of a crime. The bench noted that threatening to demolish the house of an accused in a country governed by the Rule of Law is inconceivable. The court had made the observations while hearing a writ petition filed by petitioner Javedali Mahebubmiya Saiyed.