Even
if there is one instance of illegal demolition, it is against the ethos of our
Constitution, the Supreme Court said on Tuesday while directing that
authorities across the country will not demolish properties, including of those
accused of crime, till October 1 without seeking its permission.
A
bench of Justices B R Gavai and K V Viswanathan clarified that its order will
not be applicable to unauthorised structures on public roads, footpaths etc.
"Even
if there is one instance of an illegal demolition it is against the ethos of
our Constitution," the bench observed.
It
said till October 1, the next date of hearing, no demolition be carried out
"without seeking leave of this court".
The
top court was hearing petitions alleging properties of those accused of crime
were being demolished in several states illegally.
Solicitor
General Tushar Mehta told the bench that a "narrative" was being
built over the demolition of properties.
He
said there was a petition before the apex court which alleged that because the
person belonged to a particular religion, his property was demolished.
"Let
them bring to your lordships' notice one instance of demolition where the law
is not complied (with)," the law officer said.
He
said the affected parties have not approached the court because they know that
they have received notices and their constructions were illegal.
"Rest
assured that outside noise is not influencing us," the bench told the
senior law officer.
The
bench also expressed its displeasure over the statements made after the
September 2 hearing in the matter during which the apex court had said it
proposes to lay down certain guidelines on the issue that would be enforceable
across the country.
"After
that order, there have been statements that the bulldozer will continue and it
all depends in whose hands the steering is," the bench said.
It
said such statements were made and the court was refraining from saying
anything further on that.
"Mr
Mehta, after these directives are laid down, we will seek your assistance on
this glorification and grandstanding You will assist us on how to stop this. If
necessary, we will ask the Election Commission also," the bench said.
While
hearing these petitions on September 2, the apex court had questioned how can
anybody's house be demolished just because he was an accused.
"How
can anybody's house be demolished only because he is an accused? Even if he is
a convict, still it can't be done without following the procedure as prescribed
by law," the court had then observed.
It,
however, had said the court will not protect any unauthorised construction or
encroachment on public roads.
The
solicitor general, appearing for Uttar Pradesh, had referred to an earlier affidavit
filed by the state in the matter.
He
had said the affidavit states that merely because a person was alleged to have
been a part of some offence can never be a ground for demolition of his
immovable property.
Mehta
had said the state has made it clear that demolition of an immovable property
can take place "only for violation of and in accordance with the procedure
prescribed in the respective applicable municipal law or law governing
development authorities of the area"
The
top law officer had said no immovable property can be demolished solely on the
ground that the owner or occupant of such property was involved in a criminal
offence.
The
counsel appearing for one of the petitioners had said almost every state was
now indulging in this practice and demolishing properties.
The
top court was hearing the petitions filed by Jamiat Ulama-i-Hind and others
seeking directions to various state governments to ensure no further demolition
of properties of those accused in cases of rioting and violence takes place.
The
Jamiat Ulama-i-Hind had earlier filed a plea in the apex court over demolition
of some buildings in Jahangirpuri area of the national capital.
The
Muslim body had also filed a petition in the apex court seeking directions to
the Uttar Pradesh government to ensure no further demolition of properties of
those accused of violence was carried out in the state. It had also said no
demolition should be carried out without following the due process of law and
sans prior notice.