Supreme Court bans bulldozer action across the country
Supreme Court bans bulldozer action across the country
Supreme Court issues strict instruct
New Delhi. The Supreme Court has put a temporary stay on bulldozer action, the court has said that till October 1, no property will be demolished by bulldozer anywhere in India without its permission. The apex court was hearing a petition against bulldozer action in various parts of the country. The Supreme Court has taken a tough stand on bulldozer action. The apex court on Tuesday directed that till October 1, the next hearing date in the case, no property will be demolished by bulldozer anywhere in India without the permission of the court. The court has clarified that this order will not apply to any unauthorized construction on public roads, footpaths etc.
The Supreme Court said that if even a single incident of illegal demolition takes place, it is against the values of the Constitution and directed that no demolition should take place in the country without its permission.
A bench of Justices BR Gavai and KV Vishwanathan asked Solicitor General Tushar Mehta what was the hurry to demolish the structures when notices were issued in 2022? Justice Vishwanathan said that no demolition should take place without the permission of the court till the next hearing date. Mehta strongly objected to this direction of the apex court and insisted that a story is being fabricated and that story has appealed to the court.
Even a single illegal demolition is against the values of the Constitution…
On this, Justice Vishwanathan said that external noise does not affect the court and the court will not even get into the question of which community is being affected but if there is even a single instance of illegal demolition then it is against the values of the Constitution.
Justice Gavai said that no demolition should take place without the permission of the court, but clarified that this order will not apply if there is any unauthorized construction on public road, footpath, railway line, water bodies etc. The bench said that after the September 2 order of the court, a lot of emphasis has been laid on it and it has been justified.
The sky will not fall…
The bench asked Mehta whether this should happen in our country? Justice Gavai said that this statement did not impress the judges of the bench and said, “We have made it clear that we will not come in the way of unauthorized construction… but the executive cannot be the judge.” The Supreme Court stayed the demolition till October 1, saying that this would “not cause the sky to fall…”
The apex court was hearing a petition filed by Jamiat and others against the bulldozer action in different parts of the country.
Earlier, during the hearing on September 2, the Supreme Court had criticized ‘bulldozer justice’ and said that it would set guidelines across the country in this matter. The court had remarked, “How can a person’s house be demolished only because he is an accused? Even if he is a convict, still it cannot be done without following the procedure laid down by law.” The Supreme Court stressed that the process should be streamlined and said that a gentleman father may have a spoilt son or vice versa, but both should not be forced to suffer each other’s deeds. The Supreme Court had stressed that immovable properties can be demolished only on the basis of procedure.
