'Not a Happy Sight to See Women, Kids on Streets': SC Frames Pan-India Guidelines on Demolitions

New Delhi:  Coming down hard on 'bulldozer justice', Supreme Court on Wednesday laid down pan-India guidelines on demolition of properties and said Executive cant become a judge, declare an accused as guilty and demolish his house.

"If Executive, in an arbitrary manner, demolishes house of a citizen only on ground that y are accused of a crime, n it acts contrary to principles of rule of law," a bench of Justices B R Gavai and K V Viswanathan said.

Passing a slew of directions, bench said, " demolition should be carried out without a prior show cause tice returnable eir in accordance with time provided by local municipal laws or within 15 days time from date of service of such tice, whichever is later".

apex court said it will be "totally unconstitutional" if houses of people are demolished merely because y are accused or even convicts.

Executive can't replace Judiciary in performing its core function, Justice Gavai said while prouncing verdict.

"If Executive acts as a judge and inflicts penalty of demolition on a citizen on ground that he is an accused, it violates principle of separation of powers," bench said.

top court said in order to allay fears in mind of citizens with regard to arbitrary exercise of powers by officials of State, "we find it necessary to issue certain directions in exercise of our powers under Article 142 of Constitution".

Article 142 empowers apex court to pass any decree or order necessary for doing complete justice in any case or matter pending before it.

While prouncing judgement, bench said even after order of demolition are passed, affected parties needs to be given some time so as to challenge order before an appropriate forum.

It said even in cases where people do t wish to contest demolition order, sufficient time needs to be given to m to vacate and arrange ir affairs.

"It is t a happy sight to see women, children and ailing persons dragged to streets overnight," it said, ding, "Heavens would t fall on authorities if y hold ir hands for some period".

bench directed that tice shall be served upon owner by registered post and ditionally, tice shall also be affixed on outer portion of structure.

" time of 15 days state herein above shall start from date of receipt of said tice," it said.

bench clarified that its directions will t be applicable if re is any unauthorised structure in any public place such as ros, streets, footpaths, abutting railways lines or any river or water body and also to cases where re is an order for demolition me by a court of law.

It also directed that proceedings of demolition shall be video-graphed.

"Needless to state that authorities herein after shall strictly comply with aforesaid directions issued by us," it said, ding that violation of any of its directions would le to initiation of contempt proceedings.

It said accused and convicts have certain rights and safeguards in light of Constitution and criminal law.

top court delivered its verdict on pleas seeking framing of guidelines on demolition of properties in country.

It h reserved its verdict in matter on October 1.

While hearing matter, top court h said it will lay down pan-India guidelines and me it clear that any religious structure in middle of a ro, be it a 'dargah' or a temple, "has to go" because public interest is paramount.

It h said merely because somebody is an accused or even a convict cant be a ground for demolition of property.

A batch of pleas alleged that properties, including of those accused of crime, were being demolished in several states.

While hearing matter earlier, top court h observed that even one instance of illegal demolition was against "ethos" of Constitution.

Last week, in a separate matter, apex court h said that citizens' voices cant be throttled by a threat of destroying ir properties and 'bulldozer justice' is simply unacceptable under rule of law. 

(Except for heline, this story has t been edited by Republic and is published from a syndicated feed.)