How can houses be demolished without the statutory procedure, asks SC – Kashmir Reader

New Delhi: After several states bulldozed the houses of people involved in criminal cases, the Supreme Court on Monday questioned how someone’s house could be demolished just because he was an accused.
The court announced that it would establish guidelines in this regard that would be enforceable throughout the country.
“How can someone’s house be demolished just because he is an accused? Even if he is convicted, it cannot be done without following the procedure laid down by law,” said a bench of Justices BR Gavai and KV Viswanathan.
However, the court stated that it did not provide protection against unauthorized construction or encroachment on public roads.
Attorney General Tushar Mehta, appearing for Uttar Pradesh, referred to an earlier affidavit filed by the state in the matter. He said the affidavit states that mere allegation of a person’s involvement in a crime can never be a ground for demolition of his immovable property.
Mehta said the state had stated that demolition of a property could only be done “in violation of and in accordance with the procedure prescribed in the local government legislation or the Development Authorities Act for the time being in force in the region.”
He said that no property should be demolished solely on the grounds that the owner or occupant of that property had been involved in a crime.
“If you adopt this position, we will record and issue guidelines for all states,” the court said.
“We will not protect any unauthorised construction or encroachment on public roads. Not even temples on public roads,” the Supreme Court said.
Mehta said the issue would be discussed with the states to find a solution.
“Although it is a legal issue, it appears to be frequently disregarded,” the court found.
The Attorney General said the plaintiffs had portrayed the matter as if houses were being demolished only because some people had committed a crime.
Mehta said he could prove that the authorities had issued the relevant notices long before the demolition.
“This controversy can be ended through my (Uttar Pradesh) affidavit which I filed long ago,” he said.
The court stressed that guidelines need to be formulated on the issue and said it is necessary to ensure that neither individuals exploit loopholes nor authorities rely on gaps.
“As you said, a pious father can have a rebellious son and vice versa, but that is not how to deal with it,” the court said.
Senior advocate Dushyant Dave, representing one of the plaintiffs, said, “It should be noted that there is no bulldozing justice in the entire country.” He said that almost all states are currently adopting such practices and demolishing buildings.
Senior advocate CU Singh, representing some of the petitioners, referred to the demolition of properties in some other states.
“We will establish guidelines nationwide,” the court said.
The Supreme Court observed that these petitions raised complaints about the destruction of immovable property of persons accused of committing an offence.
It said this stand was challenged by Uttar Pradesh and the state had filed an affidavit stating that immovable property could be demolished only as per the procedure prescribed by law.
“We suggest that certain guidelines be laid down at the pan-India level to address the concerns raised regarding the issues raised,” the court said.
The court asked the counsel for the parties to submit suggestions to enable the court to frame suitable guidelines applicable throughout India.
It asked the parties to send a copy of their proposals to the Madhya Pradesh Counsel and said the Public Prosecutor would prepare the same.
The case was scheduled for rehearing on September 17.
When some individual cases were brought to the attention of the court, the court said, “Let us try to resolve the issue at the all-India level.”
After some sharp exchanges between the lawyers, the court said: “The courtroom must not be turned into a battlefield.”
The Supreme Court was hearing petitions filed by Jamiat Ulama-i-Hind and others, urging the governments of various states to ensure that there is no future destruction of the properties of accused persons during riots and violence.
The Jamiat Ulama-i-Hind had previously filed a petition with the Supreme Court to demolish some buildings in the Jahangirpuri district of the capital.
The Muslim association had earlier filed a petition in the Supreme Court, urging the Uttar Pradesh government to ensure that no further destruction of properties of those accused of violence is carried out in the state.
It also said that no demolition should be carried out without following due process and without prior notice. (AGENCIES)

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