Supreme Court to set pan-India guidelines on property demolitions | Fusion - WeRIndia

The Supreme Court has declared that it will issue nationwide guidelines governing the demolition of properties.

These guidelines ensure the rules apply to all citizens and are not specific to any community or religion.

During a hearing on Tuesday, a bench led by Justices B R Gavai and K V Viswanathan emphasized that merely being accused or convicted of a crime cannot be a valid reason for demolishing someone’s property.

The court’s order will apply across India, maintaining that there should be no special law for any particular religious group.

In clarifying its stance, the court made it clear that unauthorised constructions, particularly those on public roads, government lands, or forests, will not be protected under these guidelines.

The bench says that their order does not extend protection to properties that encroach on public spaces.

This move seeks to prevent illegal land use while ensuring no unjust action is taken against individuals without legal grounds.

The case emerged from several petitions claiming that authorities were demolishing the properties of individuals, including those accused of crimes, in various states.

These petitions have raised concerns that some demolitions may be conducted unlawfully, targeting specific groups without due legal process.

Earlier in September, the court halted property demolitions without its permission until October 1.

Thus, the apex court wanted to safeguard the rights of citizens and prevent any misuse of power.

The Supreme Court stressed that illegal demolitions violate the ethos of the Indian Constitution.

At the same time, the court clarified that its order would not apply to unauthorized structures in public areas like streets, footpaths, or railway lines.

Additionally, the guidelines will not prevent demolitions if they are ordered by a court of law.

The hearing remains ongoing, with the Supreme Court expected to release detailed guidelines soon to ensure fairness and transparency in property demolitions across the country.

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