The Supreme Court on Monday questioned the use of bulldozers on the houses of the accused by the administration in various states. The court's question was how can someone's house be demolished without following the procedure laid down in law.
How can someone's house be demolished just because he is accused?
On the complaint of the accused about demolishing the house without notice, the apex court said that even if he is guilty, his house cannot be demolished without the procedure laid down in law. The Supreme Court has sought suggestions from all the parties, indicating to issue guidelines for the entire country in this regard.
Then the next hearing will take place
However, during the hearing, the court made it clear that it will not give protection to illegal construction. On the other hand, the Uttar Pradesh government refuted the allegations of illegal demolition of construction and said that action is taken only as per the prescribed procedure of law. Being accused of a crime can never be a basis for demolition of real estate. The case will be heard again on 17th.
These observations and directions were given by a bench of Justices BR Gavai and KV Vishwanathan during the hearing of petitions filed by Jamiat Ulama-e-Hind and others. In the petition, Jamiat has made allegations of illegally running bulldozers on the houses of the accused in the states like Uttar Pradesh, Madhya Pradesh, Rajasthan etc.
Concern expressed over the use of bulldozers in the petition
It has been said in the petition that the dangerous trend of bulldozer justice has increased in various states. In this, a particular community and deprived class is being targeted. Senior lawyers Dushyant Dave and Farooq Rashid appeared on behalf of Jamiat, while Solicitor General Tushar Mehta argued on behalf of Uttar Pradesh government.
When the matter came up for hearing on Monday, Solicitor General Tushar Mehta, appearing for the Uttar Pradesh government, told the bench that the state government had filed an affidavit in this matter on August 9 itself and in that affidavit the state government has said that if a person is accused of any crime, then this cannot be the basis for demolishing his house.
Court will issue guidelines
He said that no immovable property can be demolished merely on the ground that a person is accused of any crime. Mehta said that immovable property is demolished only by following the legal process in case of violation of Municipal Act and Development Authorities Act. The bench told Mehta that if you are accepting this situation then it is good. The court will record your statement and issue guidelines for the entire country.
Mehta said that the petitioners are presenting the case in such a way that if someone is accused of a crime, his house is demolished, whereas this is not correct. He can show. The authorities had issued the notice long before the house was demolished. Demolition takes place only when the construction is illegal.
Will not protect illegal construction or encroachment: Court
The bench also clarified that it will not patronize any illegal construction or encroachment on the road, but there should be guidelines in this regard. Justice Gavai said how can someone's house be demolished just because he is an accused. Even if he is guilty, his house cannot be demolished. Justice Vishwanathan said that even against illegal construction, action can be taken as per law.
Mehta said that in this case, the petition has been filed by Jamiat, whose houses have collapsed. He said that in view of the affidavit of the Uttar Pradesh government, the court should close this case, but lawyer Dushyant Dave, appearing for the petitioner Jamiat, urged the court to issue guidelines in this regard.
Court gave instructions to file suggestions
Dushyant Dave said that this matter is not just about one place, it is a widespread issue and the court should hear it and decide the guidelines. Justice Vishwanathan said that it is necessary to ensure that no one is able to take advantage of the loopholes. Even if the construction is illegal, action should be taken as per law. A father's son may be stubborn, but it is not right to demolish someone's house on this basis.
Senior advocate CU Singh also argued on behalf of some petitioners. Dave and Singh said that there are some cases in which bulldozer action has been taken when the tenant was accused. After listening to both the parties, the court said that everyone should file their suggestions, so that the court can decide appropriate guidelines for the entire country in this regard. The court directed all the parties to give their suggestions to Madhya Pradesh's Additional Advocate General Nachiketa Joshi and ordered to put the case back for hearing.
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