New Delhi, Sep 17: There will be no demolition of properties, including of those accused of crime, till October 1 without its permission, the Supreme Court said on Tuesday while observing that even one instance of illegal demolition was against the “ethos” of the Constitution.
A bench of Justices B R Gavai and K V Viswanathan clarified that its order will not be applicable to unauthorised structures on public roads, footpaths, railways lines or public places like water bodies etc.
“Stand over to October 1 at the request of the Solicitor General. However, we direct that till the next date, no demolition without seeking leave of this court,” the bench said.
“Even if there is one instance of an illegal demolition. it is against the ethos of our Constitution,” the top court observed while hearing pleas which alleged that properties of accused were being demolished in several states illegally.
The bench also referred to 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, adding it was refraining from saying anything further on that.
“Mr Mehta (solicitor general), 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.
Referring to the glorification, grandstanding and justification of the demolition action, the bench said, “Now, whether this should happen in our country. Whether the Election Commission can be noticed so that some kind of a thing can be laid down?” At the outset, a counsel appearing for the petitioners said even after the September 2 hearing demolition was carried out in the country.
Countering his submission, Solicitor General Tushar Mehta said 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.
He said the affected parties have not approached the court because they know that they have received notices and their constructions were illegal.
When Mehta argued about the narrative being built over the demolition action, the bench said, “Rest assured that outside noise is not influencing us.” The bench said it will hear the matter on October 1, and till then no demolition shall be done without its leave.
“This is the result of narrative which is being built,” Mehta said.
The bench said the immediate priority was to streamline the procedure so that neither the authorities nor any individual can take advantage of any lacunae.
Observing that the executive “can’t be a judge”, it said the directives to be passed by the court after hearing the parties would apply pan-India. (PTI)
