A Bench of Justices BR Gavai and KV Viswanathan stated that the order will remain in effect until at least October 1, when the matter will be heard again.
NEW DELHI: The Supreme Court on Tuesday (17th Sept) stayed bulldozer demolitions across India until October 1, unless they take place on public roads, water bodies, or railway lines, and only with the court’s permission.
The court announced its intent to establish guidelines governing when and how properties can be demolished in accordance with municipal laws.
A Bench of Justices BR Gavai and KV Viswanathan stated that the order will remain in effect until at least October 1, when the matter will be heard again.
“Until the next hearing, no demolitions shall proceed without the Court’s approval. However, this order will not apply to unauthorized constructions on public streets, footpaths, areas adjoining railway lines, or public spaces,”
the Court directed.
Despite strong objections from Solicitor General of India (SG) Tushar Mehta, the Supreme Court passed its order today. Mehta argued that the Court was being influenced by a false narrative that these demolitions were illegal and targeted at one specific religious community, namely Muslims.
“Provide us with instances, and we will show how these demolitions were not illegal. We must counter this external narrative… It’s being driven by one community. Let them present a single case of illegality. The affected parties don’t come forward because they know their constructions were illegal, and they were served notices. Instead, they approach the court through PILs,” Mehta stated.
Senior Advocates CU Singh and MR Shamsad, representing the petitioners, opposed the SG’s stance, emphasizing that demolitions were continuing, and the matter was of serious concern. While Mehta sought an adjournment, the petitioners’ counsel pressed for an early hearing.
Justice KV Viswanathan eventually suggested, “We will order that no demolitions take place without the Court’s approval until the next hearing. We are not focused on one community… Our aim is to establish clear guidelines so that no one can misuse the law or violate Constitutional principles.”
Justice Gavai added that the government could submit a detailed affidavit outlining its position, and reiterated that the executive branch cannot act as a “judge” while conducting bulldozer justice.
SG Mehta objected to any interim order limiting demolition activities, urging the Court not to rely on the petitioners’ narratives.
“Can you hold off until October 1?” Justice Gavai asked before the Bench passed the interim order.
Mehta expressed concern, arguing that the order would prevent authorities from carrying out their statutory duties.
“This is the scale of the situation. I can’t instruct municipalities. I have nothing to add. Your Lordships have stopped people from exercising their legal rights!” he protested.
Last week, the bench, comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, strongly criticised the practice of “bulldozer justice,” emphasizing that such actions are unimaginable in a nation ruled by law.
In Gujarat, a municipal authority had threatened to demolish a family’s house, one of whose members was named in an FIR.
The petitioner, a co-owner of land in Kathlal, Kheda district, approached the Supreme Court to challenge the municipal authority’s decision. The petitioner’s lawyer argued that three generations of the family have lived in the house for over two decades.
The bench observed,
“In a country where the rule of law governs state actions, a family member’s transgression cannot justify actions against other family members or their legally-constructed residence. Alleged involvement in a crime does not warrant property demolition.”
On September 2, the Supreme Court indicated its intention to issue guidelines governing demolitions across India.
“We are focused on establishing broad guidelines to ensure that demolitions are properly documented and regulated, preventing any lapses. Why can’t guidelines be implemented and followed? There should be provisions for notice, time to respond, and opportunities to pursue legal remedies before a demolition takes place. Our aim is to address this issue on a nationwide scale,”
stated the bench comprising Justices Bhushan R Gavai and KV Viswanathan.
Notably, another Supreme Court Bench had recently emphasized that bulldozers must not override the rule of law.
FOLLOW US FOR MORE LEGAL UPDATES ON YOUTUBE
