December 21, 2024
In a significant ruling on Tuesday, September 17, the Supreme Court of India ordered a halt to all demolitions across the country unless prior permission is obtained from the court. The decision came as the Court addressed concerns over arbitrary bulldozer actions used as a punitive measure.
The bench, comprising Justices BR Gavai and KV Viswanathan, emphasized that any instance of illegal demolition is against the ethos of the Constitution. However, the order exempts encroachments on public roads, footpaths, railway lines, and waterbodies.
The next hearing in the case is scheduled for October 1.
Solicitor General Tushar Mehta raised objections, arguing that the order would restrict statutory authorities, but the Court responded that the temporary suspension of demolitions would not cause severe harm, stating, “heavens won’t fall” in the intervening period.
The Court also expressed concerns over the growing “glorification” and “grandstanding” surrounding bulldozer actions and mentioned it may involve the Election Commission of India if necessary.
This ruling stemmed from a plea by Jamiat Ulema-i-Hind, which argued that homes in Delhi’s Jahangirpuri were demolished in the aftermath of riots in April 2022, allegedly as punishment for instigating the violence. The petition contended that such demolitions violated Article 21 of the Constitution, which protects the right to life, including the right to a home.
Earlier, on September 2, the Court considered the need for nationwide guidelines to prevent unlawful demolitions, stressing that even unauthorised constructions must be removed in accordance with the law and not used as a form of punishment against individuals accused of crimes.
