The Supreme Court on Tuesday directed that no demolition in the country should take place without its permission.
The top court, however, clarified that the order won’t be applicable to encroachments on public roads, footpaths, railway lines, and waterbodies.
A bench of Justice BR Gavai and KK Viswanathan passed the order after hearing a batch of pleas challenging bulldozer/demolition action undertaken by authorities in relation to the house of persons accused of crime.
The directive comes a week after the apex court came down heavily on bulldozer action and had said that alleged involvement in a crime is no ground for demolition of properties.
A SC bench of Justice Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti was hearing a matter related to a Gujarat civic body and the threat to demolish the house of an accused in a criminal case.
They had observed that such demolition threats are inconceivable in a country where law is held to be supreme.
The apex court said that it cannot be oblivious to such actions which may be seen as “running a bulldozer over the laws of the land”. It highlighted that an offence committed by one member of the family cannot invite action against other members or their legally-constructed home.
