September 18, 2024
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No demolitions nationwide until Oct 1, orders Supreme Court

A bench of Justices BR Gavai and KV Viswanathan issued the order while hearing a series of petitions challenging the practice of bulldozing properties….reports Asian Lite News

The Supreme Court on Tuesday ordered that, across the country, no demolition of property should occur without court permission until October 1, the next hearing date. However, the court clarified that this order will not apply to unauthorised constructions on public roads, footpaths, and similar areas.

A bench of Justices BR Gavai and KV Viswanathan issued the order while hearing a series of petitions challenging the practice of bulldozing properties.

The court stated that if unauthorised constructions–whether temples, mosques, or other religious structures–exist on public roads, footpaths, or railway lines, the stay on demolitions will not apply.

The bench also noted that it would first lay down guidelines, similar to those in the Vishaka case, before considering individual cases.

Several petitions were filed in the Supreme Court against the bulldozing of houses belonging to individuals accused in various cases.

Senior advocate CU Singh argued that demolitions are taking place daily. Solicitor General Tushar Mehta, however, countered this by citing an example from Madhya Pradesh, where many shops belonging to Hindus were demolished in accordance with legal procedures.

In a previous hearing, the court had expressed its intent to resolve the matter.

The Supreme Court is hearing multiple petitions related to the bulldozing of immovable properties. One of the petitions highlighted the growing culture of illegal demolitions in the country, where such actions are increasingly being used as a form of extra-legal punishment, particularly against minorities and marginalised communities.

The petitioner requested that the court direct no punitive actions against residential or commercial properties of accused individuals in criminal proceedings, stressing that all demolition activities must strictly comply with the law. The plea also demanded strict action against officials involved in illegal demolitions without following due process.

Meanwhile, Samajwadi Party chief Akhilesh Yadav on Tuesday thanked the Supreme Court for halting bulldozer demolition across India until October 1 without its permission and said that bulldozers can’t be justice.

Akhilesh Yadav criticised BJP for “glorifying bulldozers as if this were justice” and further alleged that they wanted to ‘scare people’.

“Bulldozer can’t be justice. Bulldozer was unconstitutional, It was to scare people. Bulldozer was to deliberately suppress the voice of opposition. I thank Supreme Court for this direction that has stopped bulldozers. CM, UP government and people of the BJP glorified ‘bulldozer’ as if this is justice. They; used to bring it in their rally to create fear,” Yadav said.

Yadav further described bulldozers as the ‘symbol of injustice’.

“Now, when the Supreme Court has given a direction, I think bulldozer will stop and justice will come through court. Bulldozer can be a symbol of injustice, not justice,” Yadav said. (ANI)

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