Supreme Court Halts Demolition of Buildings Belonging to Criminals

Date:

New Delhi: The Supreme Court has intervened to stop the demolition of buildings belonging to individuals involved in criminal activities. The court issued an interim order directing that buildings should not be demolished without proper authorization. The two-member bench, consisting of Justices B.R. Gavai and K.V. Vishwanathan, clarified that this order does not apply to the removal of illegal constructions located on public roads, sidewalks, railway lines, or water bodies. The bench added that the directive is issued under Article 142.

Justice Vishwanathan remarked that demolishing a building unlawfully is against the principles of constitutional morality. The Supreme Court made these observations while considering a petition alleging that states were demolishing the houses of individuals involved in criminal activities. The court stated that no such actions should be taken for the next two weeks, until the next hearing on October 1.

Meanwhile, Solicitor General Tushar Mehta argued that the court’s directive will be challenging for authorities to implement. Notices had already been issued to those whose buildings were demolished earlier. Additionally, some of these individuals had been involved in other criminal activities during this period. However, he contended that linking the demolitions to criminal activities was not justified.

After hearing arguments on September 2, the Supreme Court had indicated it would prepare guidelines to address concerns on the matter. The main petition is related to the demolition of illegal constructions in the Jahangirpuri area of Delhi following the communal riots of 2022. Petitioners have also pointed out that several other states are relying on bulldozer justice.

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