New Delhi: The Supreme Court on Wednesday (November 13) laid down pan-India guidelines on use of bulldozers by state governments for demolition of properties of accused of crimes and said that state and its officials can’t take arbitrary and excessive measures and public officials who take law in their hands and act in such high-handed manner must be fastened with accountability.
A bench comprising Justice BR Gavai and Justice KV Viswanathan delivered the verdict while hearing a batch of petitions against demolition of properties of accused of crimes as a punitive measures without following due procedure of law.
“We have considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary state action. Rule of law provides framework to make sure individuals know property will not be taken away arbitrarily. We have dealt with separation of powers as well, as to how executive and judicial wings work in their respective spheres. Adjudicatory functions are entrusted to the judiciary. The executive cannot replace the judiciary in performing its core function,” Justice Gavai said.
The bench had on October 1 reserved its verdict on pleas against demolition after hearing submissions and had said that its interim order dated September 17 will continue till its verdict on the matter.
The apex court had earlier on September 17 said that it would frame pan-India guidelines on the demolition of properties, including properties of accused of crimes and had imposed an interim stay on demolition of properties, including properties of accused of crimes, without its permission.
“Till the next date of hearing, we direct that there shall be no demolition anywhere across the country without seeking leave of this court,” the bench said in its September 17 order.
The apex court, however, had clarified that its interim order will not be applicable to unauthorised structures on public roads, public spaces, footpaths etc.
“We further clarify that our order would not be applicable if there is an unauthorized structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a court of law,” the bench had said.
