Supreme Court of India Extends Pause on Demolitions Without Permission
New Delhi, India – The Supreme Court of India has reserved its order on creating nationwide guidelines for demolition drives and has extended its interim order pausing demolitions without permission until further notice. A bench of Justices BR Gavai and KV Vishwanathan made this decision after a lengthy hearing.
The court emphasized that public safety is paramount and stated that unauthorized constructions, including religious structures on roads and footpaths, must be removed as they obstruct public pathways. The court clarified that India is a secular country and the guidelines will apply to all religions.
The court also noted that demolitions cannot be conducted merely because a person is accused or convicted of a crime. The focus is on preventing the misuse of municipal laws. The court expressed concern about selective action against unauthorized structures and stressed the need for laws that are not dependent on religion or beliefs.
Solicitor General Tushar Mehta suggested that being accused of an offense should not be grounds for demolition. He also mentioned that even for heinous crimes, conviction should not lead to property demolition. The court suggested creating an online portal for awareness and noted that different laws might apply to municipal corporations and nagar panchayats.
Senior Advocate CU Singh highlighted instances of demolitions in Gujarat and Madhya Pradesh, emphasizing that demolitions have been used as a crime-fighting measure and a political tool. The court reiterated that its interim order, which prevents demolitions without court permission, does not apply to unauthorized constructions on public roads, footpaths, and railway lines.
The court was hearing various petitions against the use of bulldozers to demolish properties. One petition argued that illegal demolitions have become a norm, particularly affecting minorities and marginalized communities. The petitioner called for strict adherence to the law and action against officials who conduct illegal demolitions.
Doubts Revealed
Supreme Court of India -: The Supreme Court of India is the highest court in the country. It makes important decisions about laws and justice.
interim order -: An interim order is a temporary decision made by a court until a final decision is made.
demolitions -: Demolitions mean tearing down buildings or structures.
public safety -: Public safety means keeping people safe from harm or danger.
unauthorized constructions -: Unauthorized constructions are buildings or structures made without legal permission.
religious structures -: Religious structures are buildings like temples, mosques, or churches where people go to pray.
footpaths -: Footpaths are paths or sidewalks where people walk.
convicted -: Convicted means found guilty of a crime by a court.
petitions -: Petitions are formal requests made to a court asking for a specific action.
bulldozers -: Bulldozers are big machines used to tear down buildings or move large amounts of earth.
minorities -: Minorities are smaller groups of people who are different from the majority in terms of race, religion, or culture.
marginalized communities -: Marginalized communities are groups of people who are often treated unfairly and have less power or opportunities.