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| How can houses be demolished without following procedure prescribed by law, ssks SC | | |
Agencies
NEW DELHI, Sept 2: With several state administrations flattening the houses of those involved in criminal cases with bulldozers, the Supreme Court on Monday questioned how can anybody's house be demolished just because he is an accused. The court said it will lay down the guidelines on the issue that would be enforceable across the country.
"How can anybody's house be demolished only because he is an accused? Even if he is a convict, still it can't be done without following the procedure as prescribed by law," a bench of Justices B R Gavai and K V Viswanathan said.
The court, however, said it will not protect any unauthorised construction or encroachment on public roads. Solicitor General Tushar Mehta, appearing for Uttar Pradesh, referred to an earlier affidavit filed by the state in the matter. He said the affidavit states that merely because a person was alleged to have been a part of some offence can never be a ground for demolition of his immovable property. Mehta said the state has said that demolition of an immovable property can take place "only for violation of and in accordance with the procedure prescribed in the respective applicable municipal law or law governing development authorities of the area".
He said no immovable property can be demolished solely on the ground that the owner or occupant of such property was involved in a criminal offence.
"If you are accepting this position, we will record and issue guidelines for all the states," the bench said.
"We are not going to protect any unauthorised construction or encroachment in public roads. Not even the temples on public roads," the top court said.
Mehta said the issue will be discussed with states in order to find a solution.
"Though it is a question of law, it is seen that it is followed more in breach," the bench observed.
The solicitor general said the petitioners have projected the issue as if houses were demolished only because some people committed an offence.
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