New Delhi: The Supreme Court of India has frowned on bulldozer action threats by state authorities where one member of a family is involved in a crime. The court also directed the Gujarat Government and Kheda district authorities to not take any action on the property of a person who is an accused in an offence.
Alleged involvement in a crime is no ground for demolition of property: Apex court
A three-judge bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti in its order said, “In a country where actions of the state are governed by the rule of law, transgression by a family member cannot invite action against another members of the family or their legally constructed residence.”
The court added, “Alleged involvement in a crime is no ground for demolition of property. Moreover, the alleged crime has to be proved through legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme, otherwise such actions may be seen as running a bulldozer over the laws of the land.”
Apex court order was delivered on a petition by one Javed Ali Saiyed
This order by the court was delivered on Thursday in a petition by one Javed Ali Saiyed, whose house was threatened to be bulldozed and demolished by municipal authorities of district Kheda in Gujarat when one of his family members was found by be involved in a crime.
The petition by Javed Ali in the Supreme Court said that he was a resident of village Kathlal in Kheda district and he is a co-owner of a property in question which is facing threats of demolition. Saiyed also says that he and his family are residing in the house for last two decades. But on September 1, an FIR was lodged against one of his family members and he started facing threats of bulldozer action on his house from the nagar palika and others.
Apex court last week took serious note of bulldozer action by state authorities
The Supreme Court had last week also taken serious note of bulldozer action by state authorities and said that it wants to lay down guidelines on Pan-India basis so that no illegal action is taken by state authorities against properties of those accused of offences.
