Supreme Court to Set Pan-India Guidelines on Demolition of Unauthorized Structures in Public Interest

New Delh,01-10-2024i: The Supreme Court has reserved its judgment on a series of petitions regarding the demolition of properties, emphasizing the need for pan-India guidelines. The court declared that any unauthorized structure, including religious ones situated in public spaces like roads, regardless of whether it is a dargah or a temple, must be removed for public safety and interest.

The bench, comprising Justices BR Gavai and KV Viswanathan, stressed that property demolitions cannot be justified merely because someone is accused or convicted of a crime. The court reiterated that India is a secular country and the guidelines it issues will apply equally to all citizens and institutions, without discrimination based on religion.

The court has extended its September 17 order, which halts demolitions until October 1 without explicit permission, ensuring that no such actions take place before a final decision is made. It clarified that there can be no separate laws for different religions, emphasizing the uniform applicability of legal standards for unauthorized constructions.

The Supreme Court also made clear that it will not protect any encroachments on public spaces, including roads, footpaths, government lands, forests, and water bodies. It intends to implement pan-India guidelines that would ensure fairness and prevent misuse of demolition laws.

To ensure transparency, the court suggested that demolition notices should be sent through registered post to property owners and displayed online to create a digital record. It further recommended judicial oversight of demolition orders to ensure their correctness, proposing a 10-15 day window between the demolition order and its execution to allow individuals time to make alternate arrangements.

The court’s remarks were made during the hearing of petitions filed by Jamiat Ulama-i-Hind and others, who sought to prevent the demolition of properties belonging to individuals accused in cases of rioting and violence. Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Madhya Pradesh, and Rajasthan, supported the establishment of pan-India guidelines and argued that conviction should not be grounds for demolition. He emphasized the need for notice to be specific to the law under which a demolition is being ordered and expressed concern about illegal encroachments, particularly on forest land.

The petitioners, meanwhile, raised concerns about the arbitrary use of demolition as a punitive measure, highlighting instances where demolitions occurred immediately after the filing of an FIR and without proper notice. The Supreme Court acknowledged these concerns, noting that even a single instance of illegal demolition is contrary to the “ethos” of the Constitution, and indicated its commitment to addressing these issues in its final judgment.