The Supreme Court has extended its previous order freezing demolitions nationwide without the court’s permission. The court also reserved its decision on establishing pan-India directives for the demolition of unauthorized structures.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan heard multiple petitions alleging that state authorities conducted demolitions without adequate notice. In response, Solicitor General Tushar Mehta proposed that notices be sent via registered post. If the post is not accepted, he suggested alternative methods, such as posting notices on the property.
Mehta raised concerns that the proposed guidelines stem from allegations that a specific community is being targeted. The Supreme Court responded, stating, “We are a secular country. Any directives will apply equally, regardless of religion.” The court emphasized that public interest and safety are paramount, asserting that no religious structure should obstruct public pathways.
The bench suggested allowing a 10-15 day period post-demolition order for property owners to seek appellate remedies. They also discussed creating an online portal to track notice dispatches for demolitions.
The court reaffirmed that unauthorized structures must be removed if they violate statutory rules, stating, “Our order will not aid encroachers.”
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Senior advocate C.U. Singh, representing the petitioners, argued for a uniform notice period across the country and a clear process for notifying individuals in custody. Advocate M.R. Shamshad added that demolitions should not target individual properties without assessing the entire area.
After hearing both sides, the bench reserved its orders and thanked the parties for their contributions.
In a prior hearing on September 17, the Supreme Court had criticized the “glorification” of demolition actions, pausing all demolitions nationwide unless permitted by the court. Justice Gavai’s bench reiterated that unauthorized structures could only be demolished through due process and should not be targeted for “extraneous reasons.”
The court clarified that its order does not shield unauthorized constructions on public roads or places. It plans to revisit the batch of petitions alleging unauthorized demolitions on October 1, aiming to establish guidelines that ensure legal remedies within municipal law. The court stressed that demolitions must adhere to legal standards and cannot serve as punitive measures against individuals accused of crimes.
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