On Wednesday, the Supreme Court ruled that no demolition may take place without giving the property owner 15 days’ notice in advance and without according to the legal requirements.
The Supreme Court said the notice shall be served upon the owner by registered post and fixed on the outer portion of the structure. The notice shall contain the nature of unauthorized construction, details of the specific violation, and grounds for demolition. The demolition has to be videographed, and violation of guidelines will invite contempt.
“Rule of law and the rights to citizens against arbitrary action of the executive. Legal process can’t condone such action… Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for protecting constitutional democracy,” a bench of justices BR Gavai and KV Vishwanathan said.
The bench, in its order, also said the executive cannot replace the judiciary in performing the latter’s core functions.
“If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said.
The apex court also said authorities must be able to show that demolition is the only recourse available, even in cases where there are some encroachments.
The Supreme Court of India has directed that all notices for property demolitions should be posted on a designated municipal body portal and sent through registered post. District magistrates are also responsible for monitoring compliance. The court was hearing petitions related to illegal demolitions, which have become a norm in the country, causing harm to minorities and marginalized communities.
The court reserved an order for further hearings and extended an interim order prohibiting the demolition of property without permission until further orders are issued. However, this order does not apply to unauthorized constructions, including religious structures on roads and footpaths.
The court emphasized public safety and clarified that the court will issue directions for pan-India, applying to all religions. It clarified that demolition cannot be conducted merely on the grounds of accused or convicted individuals. The court expressed concern about the misuse of municipal laws and the issue of determining the criminal background of unauthorised constructions. Different laws will be implemented for municipal corporations and nagar panchayats, and an online portal for awareness will be suggested.
On September 17, the court ordered that property demolitions would not take place without court permission until October 1, the next hearing date. However, this order does not apply to unauthorized constructions on public roads and footpaths.
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Source: NDTV
