'Even if the person is guilty, the house cannot be demolished'; When the Supreme Court showed strictness on the bulldozer action, what was the Yogi government's reply?

Posted on 3rd Sep 2024 by rohit kumar

On Monday, the Supreme Court questioned the administration's bulldozing of the houses of the accused in various states. The court's question was how someone's house could be demolished without following the law's procedure. How can someone's house be destroyed just because he is an accused?

 

On the complaint of demolition of the houses of the accused without notice, the apex court said that even if he is guilty, his house cannot be demolished without the procedure laid down in the law. The Supreme Court has sought suggestions from all the parties, indicating to issue guidelines for the whole country in this regard.

 

The next hearing will be on September 17

 

However, during the hearing, the court clarified that it would not protect illegal construction. On the other hand, the Uttar Pradesh government denied the allegations of illegal demolition of construction and said that action is taken only under the procedure laid down in the law. Being accused of any crime can never be the basis for the demolition of immovable property. The case will be heard again on September 17.

 

These comments and directions were given by the bench of Justice BR Gavai and KV Vishwanathan during the hearing of the petitions filed by Jamiat Ulama-e-Hind and others. In the petition, Jamiat has alleged that bulldozers are being run illegally on the houses of the accused in states like Uttar Pradesh, Madhya Pradesh, Rajasthan, etc.

 

Concern expressed in the petition over the practice of bulldozers

 

The petition states that the dangerous practice of bulldozer justice has increased in various states. In this, a particular community and the deprived class are being targeted. Senior advocates Dushyant Dave and Farooq Rashid appeared on behalf of Jamiat, while Solicitor General Tushar Mehta argued on behalf of the Uttar Pradesh government.

 

When the matter came up for hearing on Monday, Solicitor General Tushar Mehta, appearing on behalf of the Uttar Pradesh government, told the bench that the state government had filed an affidavit in this matter on August 9 itself and in that affidavit, the state government has said that if a person is accused of any crime, then this cannot be the basis for demolishing his house.

 

The court will issue guidelines

 

He said that no immovable property can be demolished only on the basis that the person is accused of any crime. Mehta said that immovable property is demolished only by following the legal process in violation of the Municipal Act and the Development Authorities Act. The bench told Mehta that if you are accepting this situation, then it is a good thing. The court will record your statement and issue guidelines for the whole country.

 

Mehta said that the petitioner is presenting the matter in such a way as if if someone is accused of any crime, then his house is demolished, whereas this is not right. He can show it. The authorities had issued a notice much before the demolition of the house. The construction is demolished only when it is illegal.

 

Will not protect illegal construction or encroachment: Court

The bench also clarified that it will not protect any illegal construction or encroachment on the road, but there should be guidelines in this regard. Justice Gavai said that how can someone's house be demolished just because he is an accused? Even if he is guilty, his house cannot be demolished. Justice Vishwanathan said that action can be taken against illegal construction as per the law.

 

Mehta said that in this case, the petition has been filed by Jamiat, whose houses have collapsed. He said that given the affidavit of the Uttar Pradesh government, the court should close this case, but advocate Dushyant Dave, appearing on behalf of the petitioner Jamiat, urged the court to issue guidelines in this regard.

 

The court directed us to submit suggestions

 

Dushyant Dave said that this matter is not just about one place, it is a wider issue and the court should hear it and set guidelines. Justice Vishwanathan said that it is important to ensure that no one can take advantage of the shortcomings. Even if the construction is illegal, action should be taken according to the law. A father's son can be stubborn, but if someone's house is demolished on this basis, then this method is not right.

 

Senior advocate CU Singh also argued on behalf of some petitioners. Dave and Singh said that there are some cases here in which bulldozer action has been taken when the tenant is accused. After hearing both the parties, the court said that everyone should submit their suggestions so that the court can set appropriate guidelines for the whole country in this regard. The court directed all the parties to give their suggestions to Madhya Pradesh Additional Advocate General Nachiketa Joshi and ordered the case to be heard again on September 17.