Demolition of properties: SC says it will lay down guidelines for citizens

The top court is hearing arguments on a batch of pleas which have alleged that properties were being demolished in several states

The Supreme Court on Tuesday said it will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties.

Observing that its directions will be applicable pan-India, the apex court said it will make it clear that merely because a person is an accused or even a convict, it can't be a ground for demolition of property.

"Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions not for any particular community," a bench of Justices B R Gavai and K V Viswanathan said.

Observing that there can't be a different law for a particular religion, the bench said it will not protect any unauthorised constructions on public roads, government lands or forests.

"We will take care to ensure that our order does not help the encroachers on any of the public places," the bench said.

The hearing in the matter is underway.

The top court is hearing arguments on a batch of pleas which have alleged that properties, including of those accused of crime, were being demolished in several states.

The apex court had on September 17 said there will be no demolition of properties, including of those accused of crime, till October 1 without its permission.

It had observed that even one instance of illegal demolition was against the "ethos" of the Constitution.

The apex court had clarified that its order would not be applicable if there was an unauthorised structure in any public place such as roads, streets, footpaths, abutting railway lines or any water bodies and also to cases where there was an order for demolition made by a court of law.