'No demolitions without prior approval': Supreme Court issues interim order

Order on demolition: The SC bench was addressing a plea challenging the practice of various state governments demolishing properties of individuals accused of crimes as a form of punishment

The Supreme Court has issued an interim order mandating that no demolitions take place across the country without prior court approval. The directive does not apply to encroachments on public roads, footpaths, railway lines, or waterbodies.

The ruling was made by an SC bench comprising Justices BR Gavai and KV Viswanathan while hearing a petition challenging the practice of various state governments demolishing properties of individuals accused of crimes as a form of punishment. The next hearing is scheduled for October 1.

Solicitor General of India Tushar Mehta objected to the order, arguing that it unduly restricts the powers of statutory authorities, according to a LiveLaw report. However, the bench stood firm, stating that a temporary halt in demolitions would not have severe consequences. It added that the directive is being issued under the special powers granted by Article 142 of the Constitution.

Justice Viswanathan mentioned that even a single instance of unlawful demolition contradicts the Constitution’s principles, while Justice Gavai underscored that the executive should not act as judge in these matters.

Earlier order in Delhi’s Jahangirpuri case
 

In 2022, several petitions were filed challenging a scheduled demolition drive in Delhi’s Jahangirpuri. This drive was stayed but the petitioners sought a declaration prohibiting the use of demolition as punitive action. One notable petition was by Brinda Karat, a former Rajya Sabha MP, contesting demolitions by the North Delhi Municipal Corporation following communal violence.

Later, during the September 2023 hearing, senior advocate Dushyant Dave, representing some petitioners, raised concerns about the increasing trend of demolishing the homes of individuals accused of crimes. He argued that the right to housing is a critical aspect of the right to life under Article 21 of the Constitution and called for the reconstruction of demolished properties.

Recent applications have been filed seeking immediate relief from demolition actions in Madhya Pradesh and Rajasthan. One such case from Udaipur involved the demolition of a house due to a crime allegedly committed by the tenant’s son.

Jamiat-Ulama-I-Hind argued that demolitions in Delhi’s Jahangirpuri following the April 2022 riots were unjust, claiming they were based on allegations of riot instigation. Uttar Pradesh defended its actions, stating that demolitions were carried out following proper legal procedures after notices for violations went unheeded.

After hearing arguments from both sides, the Supreme Court reiterated that demolishing a house solely based on criminal accusations is unacceptable, regardless of the individual’s legal status. Justice Gavai and Justice Viswanathan both stressed that demolitions must follow legal procedures. The SC bench further said that a person’s residence should not be targeted due to another’s alleged misdeeds.