'HEAVENS WON'T FALL' IF DEMOLITION STOPPED FOR 2 WEEKS: SC HALTS 'BULLDOZER ACTIONS' ACROSS INDIA UNTIL OCT 1

The Supreme Court on Tuesday imposed a ban on demolishing properties using bulldozers across India until October 1 with first seeking its permission. 

The apex court, however, clarified that the order won't be applicable to encroachments on public roads, water bodies, railway lines or footpaths.

"Till next date there shall be no demolitions without seeking leave of this court. However, such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces," a bench of Justices BR Gavai and KV Viswanathan passed the interim order after hearing petitions challenging the alleged actions of various state governments bulldozing homes or shops of accused in criminal proceedings as punitive measures. 

The SC has posted the matters for the next hearing on October 1.

The top court also mentioned that it would formulate directives on when and how properties can be demolished under the municipal laws of the land.

'Heavens won't fall' if demolitions are stopped

During the hearing, Solicitor General of India Tushar Mehta raised objections to the SC's order, saying, "the hands of statutory authorities can't be tied in this manner."

The bench, however, refused to relent, saying that "heavens won't fall" if the demolitions are stopped for two weeks. 

"Stay your hands. What will happen in 15 days?", Justice Gavai said during the hearing.

Order passed invoking special powers

The bench further stated that the order has been passed invoking the court's special powers under Article 142 of the Constitution.

"Even if there is one instance of illegal demolition, it is against the ethos of the Constitution," Justice Viswanathan said during the brief hearing.

"We made clear we won't come between unauthorised construction...But the executive can't be a judge, " Justice Gavai said.

During the hearing, the court also questioned why properties were suddenly demolished in 2024. It further expressed its intent on laying guidelines to check the misuse of power to demolish unauthorised constructions with Justice Viswanathan saying, "Till next date, there should be stay on demolition without leave of court."

With inputs from LiveLaw.

2024-09-17T10:51:23Z dg43tfdfdgfd