New Delhi. Amid state administrations bulldozing houses of people involved in criminal cases, the Supreme Court on Monday questioned how can a house be demolished just because he is an accused? The apex court said it will frame guidelines on the issue that will be applicable across the country.
A bench of Justices B R Gavai and K V Vishwanathan said, “How can someone’s house be demolished just because he is an accused? Even if he is guilty, this cannot be done without following the procedure prescribed by law.” However, the Supreme Court made it clear that it will not protect any unauthorized construction or encroachment on public roads.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, referred to an affidavit filed earlier by the state in the matter. He said the affidavit states that just because a person is accused of being involved in a crime can never be a basis for demolishing his immovable property.
Mehta said the state has stated that demolition of any immovable property can take place “only for some violation of the nature and in accordance with the procedure prescribed in the relevant municipal law or the law governing the development authorities of the area”.
He said that no immovable property can be demolished merely on the ground that the owner or the person occupying the property was involved in any crime.
The bench said, “If you accept this position, we will record it and issue guidelines for all the states.” The apex court said, “We will not protect any unauthorized construction or encroachment on public roads. Even temples built on public roads will not be protected.” Mehta said that the issue will be discussed with the states so that a solution can be found.
The bench said, “Though it is a question of law, it has been observed that it is violated frequently.” The Solicitor General said that the petitioners have presented the issue in such a way as if the houses were demolished only because some people had committed some crime.
Mehta said he could show that the authorities had issued notices much before the demolition. “This controversy can be settled by my (Uttar Pradesh) affidavit, which I had filed a long time ago,” he said. Emphasising the need to frame guidelines on the issue, the bench said it was necessary to ensure that neither a person takes advantage of any loophole nor the authorities take advantage of the loophole.
Senior advocate Dushyant Dave, appearing for one of the petitioners, said, “Let a statement be recorded that people across the country will not be given justice through bulldozers.” He said that almost every state is now getting involved in this and demolishing properties. Senior advocate CU Singh, appearing for some petitioners, referred to the demolition of properties in some other states. The bench said, “We will set guidelines for the whole country.” The apex court said that in these petitions, complaints have been raised about the demolition of immovable properties of people accused of crime.
The bench said that Uttar Pradesh has denied this and an affidavit has been filed by the state stating that immovable properties can be demolished only in accordance with the procedure prescribed by law. The bench said, “We propose to frame some guidelines on an all India basis, so that the concerns regarding the issues raised can be taken care of.” The bench asked the lawyers of the parties to give their suggestions so that the court can formulate appropriate guidelines which will be applicable on an all India basis.
The bench asked all the parties to give copies of their suggestions to the Madhya Pradesh lawyer and said that the state’s lawyer would collect them.
The bench fixed the next hearing of the case on September 17. When some individual cases were mentioned before the court, the bench said, “We will try to resolve this issue at the all-India level.” After a heated exchange between the lawyers, the bench said, “The court should not be turned into a battlefield.” The apex court was hearing petitions filed by ‘Jamiat Ulema-e-Hind’ and others, requesting directions to various state governments to ensure that the properties of the accused in riots and violence cases are not demolished in future.
‘Jamiat Ulema-e-Hind’ had earlier filed a petition in the apex court over the demolition of some buildings in the Jahangirpuri area of the national capital. The Muslim body had earlier filed a petition in the apex court, requesting to direct the Uttar Pradesh government to ensure that the properties of those accused of violence in the state are not demolished in future.
It had also said that no demolition should be carried out without following due procedure and without prior notice.