Supreme Court / It is not right to demolish a house just on the basis of being accused - Supreme Court

The Supreme Court questioned the bulldozer action and said that no one's house can be demolished on the basis of being an accused. The bench of Justice Gavai and Justice Vishwanathan directed that even if the construction is unauthorized, the legal process will have to be followed. The next hearing will be on September 17.

Vikrant Shekhawat : Sep 02, 2024, 02:27 PM
Supreme Court: Today, an important hearing was held in the Supreme Court on the issue of bulldozer action, in which a bench of Justice BR Gavai and Justice KV Vishwanathan considered this controversial subject. During the hearing, the court raised serious questions on the authority and procedure of bulldozer action, which can give a new direction to this controversy.

The Supreme Court clarified that a person's property cannot be demolished only on the basis of being accused. Justice Gavai commented on this and said, "Even if a person is guilty, his house cannot be demolished on this basis. We need a change in this attitude." The court also observed that proper legal process and guidelines should be followed in this type of action.

Solicitor General Tushar Mehta told in his arguments that these actions are taken under the Municipal Corporation Act and they have been followed as per the rules. He told the court that notices were already issued and the concerned parties were given an opportunity to appear in time. However, Justice Vishwanathan accepted this and said that no party should take advantage of the loopholes in the law.

The court, accepting the need for guidelines in this matter, said that a national level guideline will be prepared keeping in mind the suggestions of all the parties. Through this guideline, the process of bulldozer action will be ensured in a uniform and fair manner across the country.

The Supreme Court has fixed September 17 for the next hearing of the case, and has sought suggestions from all the parties so that a comprehensive and well-organized policy can be formulated. This decision indicates that the court is committed to resolving this sensitive issue on a fair and equal basis.

The house cannot be demolished even if he is guilty

During the hearing, Justice Gavai said that how can the house be demolished just because he is the accused? Even if he is guilty, the house cannot be demolished. We do not see any change in attitude. On this, Tushar Mehta said that the petitioners are presenting the matter before the court in a wrong manner. This action has been taken following the rules. He told the court that notices were issued long before this action, but these people did not appear. Justice Vishwanathan said that no one should take advantage of the shortcomings. At the same time, Justice Gavai said that if the construction is unauthorized, then in such cases it should also be according to the law.

Guidelines will be made soon

The Supreme Court said that there is a need to make guidelines in this regard. The Supreme Court said that after hearing all the parties, we will issue guidelines in this matter, which will be applicable across the country. Along with this, the Supreme Court has sought suggestions from all the parties. The court said that let the suggestions of all the parties come, we will issue guidelines at the national level. With this, the date of September 17 has been fixed for the next hearing of the case.