In a significant ruling, the Supreme Court of India on Wednesday, November 13, emphasised that demolitions cannot be carried out as a form of punishment before trial. The bench, headed by Justice BR Gavai and comprising Justice KV Viswanathan, laid down new guidelines for demolitions across the country, including that of a 15-day showcause notice before demolition.
The court's decision came after hearing petitions alleging arbitrary demolitions by state authorities. The bench stressed that authorities cannot declare individuals guilty based solely on accusations and highlighted the fundamental rights of even accused individuals under the Constitution.
As a part of its pan-India directives, the Supreme Court mandated a minimum 15-day prior notice for all demolitions. This notice must be served through registered post and affixed to the property. However, these directives will not apply to unauthorized constructions on public land or demolitions ordered by a court.
The court also stated that a period of 10-15 days should be provided after a demolition order is passed to allow for the exercise of appellate remedies. If a court entertains a grievance, the question of a stay should be decided within a month.
Except with the Supreme Court's permission, the interim order issued on September 17, which paused all demolition actions across the country, remains in effect. The court clarified that this order is not intended to protect illegal constructions on public spaces such as roads, streets, footpaths, railway lines, or public places.
Earlier, the Supreme Court had 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.
It remarked that not only the house of an accused, but the house of a convict cannot meet such a fate while clarifying the apex court‘s intention to not protect unauthorised structures.
(With IANS inputs)
