The Supreme Court voiced strong opposition to the practice of taking down homes based just on charges or convictions on Monday. Justices BR Gavai and KV Viswanathan, who comprised the bench, underscored that even in the event of a conviction, bulldozer justice measures are not justifiable. The court will present national guidelines to resolve property demolition-related concerns.
Concerns Raised by Petitioners
The case under review was brought forward by the Jamiat Ulama-e-Hind, a body of Muslim scholars. Senior Advocate Dushyant Dave highlighted several incidents where houses were demolished following the 2022 riots in Delhi, alleging that occupants were linked to the violence. Similarly, Senior Advocate Chander Uday Singh cited a case in Udaipur where a house was razed because of a crime allegedly committed by a tenant’s son.
Government’s Defense and Court’s Response
Solicitor General Tushar Mehta defended the demolitions, arguing they were conducted due to municipal law violations. However, the bench noted that the law is often breached in practice. Justice Gavai remarked that while the legal position is clear, it is not always followed correctly.
Future Guidelines and Next Steps
The Supreme Court emphasised the necessity for national regulations on the demolition of unauthorised buildings to be uniform and unambiguous. Justice Gavai said, “We will issue guidelines on a pan-India basis to ensure that concerns regarding these issues are effectively addressed.” On September 17, the court will resume its investigation of the case.
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