The Supreme Court bench of Justices BR Gavai and KV Viswanathan, however, clarified that its order will not be applicable to unauthorised structures on public roads, footpaths, water bodies and railway tracks
The Supreme Court on Tuesday said no demolition exercise in the country should take place without its permission. Halting “bulldozer justice” till October 1, when it will next hear the matter, the court said even if there is one instance of illegal demolition, it is against the ethos of the Constitution.
A bench of Justices BR Gavai and KV Viswanathan, however, clarified that its order will not be applicable to unauthorised structures on public roads, footpaths, water bodies and railway tracks. “Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution,” the bench observed.
The SC was hearing a batch of petitions alleging properties of those accused of crime were being demolished in several states.
Solicitor General Tushar Mehta told the court that a “narrative” was being built over demolition of properties. “Rest assured that outside noise is not influencing us,” the bench told him.
Mehta further said the petitioners have claimed that the demolitions are being carried out in case of a particular religious community. He said in Madhya Pradesh, 70 shops were demolished after following procedure.
“More than 50 belonged to Hindus. What are they saying ‘mohalla’ etc… is narrative building!” he added.
“Outside noise is not influencing us. We won’t get into question of… which community …at this point…” Justice Viswanathan said.
“Narrative not influencing us. We made clear we won’t come between unauthorised construction… but, the executive can’t be a judge,” Justice Gavai said.
“The only object is to streamline demolition actions,” Justice Viswanathan added.
Senior advocate CU Singh, appearing on behalf of the petitioners, said demolitions are taking place every day. Another counsel said only a single house cannot be unauthorised in one neighbourhood.
“After the order, there have been statements that bulldozer will continue… it all depends in whose hands the hearing is,” Justice Gavai said.
“There has been grandstanding and justification. Should this happen in our country? Should the Election Commission be notified? We will formulate directives,” Justice Viswanathan said.
“We are doing it, not you,” Justice Gavai told Mehta. “Heavens won’t fall,” Justice Viswanathan added.
To this, Mehta said: “Your Lordships have prevented officials across the country from exercising statutory rights…”
“We are here to first lay down directions, as done in Vishaka v State of Rajasthan. Individual cases will be seen later,” Justice Gavai said.
