SC judgment on laying down pan-India directives on demolitions tomorrow

The Supreme Court is set to pronounce on Wednesday its judgment on laying down pan-India directives governing demolitions of unauthorised structures after several petitions were filed before the apex court alleging that demolitions were carried out by several state authorities without sufficient notice. 

As per the causelist published on the website of the apex court, a bench of Justices B.R. Gavai and K.V. Viswanathan will deliver its decision on November 13.

In an interim order passed on September 17, the Justice Gavai-led Bench paused all demolition actions across the country, except with its permission.

Frowning upon "glorification" and "grandstanding" over bulldozer action, the top court said that unauthorised structures may be demolished following the due procedure but under no circumstances, property be demolished for "extraneous reasons".

It clarified that its interim order was not meant to protect any unauthorised construction on public roads, streets, footpaths, railway lines, or public places.

The SC had said that it would lay down directives within the framework of municipal law guaranteeing legal remedies as it mulled the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences. It stressed that even unauthorised construction has to be demolished in "accordance with law" and state authorities cannot resort to the demolition of the property of the accused as a punishment.

In the course of the hearing, Solicitor General Tushar Mehta suggested that service of notice should be effected through a registered post. In case, the registered post is not accepted, notice may be served through alternative means, including affixing on walls of the property in question, SG Mehta said.

He flagged that the pan-India guidelines are being issued by the highest court of the land based on a few instances alleging that one particular community is being targeted.

At this, the apex court said: "We are a secular country. Whatever directions will be passed, will apply pan-India irrespective of the religion. We do not intend to protect encroachments on public roads, footpaths, railway lines, etc. If there is any religious structure in the middle of the road, be it gurudwara, dargah or temple, it cannot obstruct the public. Public interest and safety is paramount."

"What we are loudly thinking is that protect the property (alleged unauthorised structure) after demolition order is passed, say 10-15 days to allow exercise of appellate remedy and in case, a court entertains the grievance, the question of stay should be decided within a month," it added.

The SC reiterated that the illegal structure will have to go if built in contravention of statutory rules. "We will ensure that our order does not help encroachers," the apex court said.

Representing the petitioner side, senior advocate C.U. Singh, said that the notice period should be uniform across the country and there should be a clear mandate for service of notice on a person lodged in jail or custody.

After hearing both sides, the bench reserved its orders on October 1 and thanked the parties for assistance rendered by them.