New Delhi: The Supreme Court on Tuesday is scheduled to hear pleas raising complaints that properties of people accused of crimes are being demolished in several states.
While hearing these petitions on September 2, the top court had questioned how someone's house can be demolished just because he is an accused.
The top court had said that it proposes to lay down certain guidelines on the issue that would be applicable across the country.
"How can someone's house be demolished just because he is an accused? Even if he is a prisoner, it cannot be done without following the procedure prescribed by law," the court observed.
However, he had said that the court will not protect any unauthorized construction or encroachment on public roads.
As per the September 17 cause list uploaded on the apex court website, these petitions would come up for hearing before a bench comprising Justices B R Gavai and K V Viswanathan.
"We propose to lay down certain 'all-India' guidelines so that concerns on the issues raised are resolved," the court had said on September 2.
He had asked the parties' lawyers to make suggestions so that the court can frame suitable guidelines.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, had referred to an earlier affidavit filed by the state in the matter.
He had said that the affidavit states that the mere fact that a person has allegedly been a party to any crime can never be a ground for demolition of his immovable property.
According to Mehta, the State has said that demolition of immovable property can take place "only in case of violation and in accordance with the procedure prescribed in the respective applicable municipal law or in the law governing the development authorities of the area." .
The senior judicial officer had said that 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 lawyer appearing for one of the petitioners had said that almost all states were now indulging in this and demolishing properties.
The top court was hearing petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure that no further demolition of properties of accused in cases of riots and violence took place.
Jamiat Ulama-i-Hind had earlier filed a plea before the high court for the demolition of some buildings in Jahangirpuri area of the national capital.
The Muslim body had also filed a petition in the high court seeking directions to the Uttar Pradesh government to ensure that no further demolition of properties of those accused of violence in the state is carried out.
He had also said that no demolition should be carried out without following due process and without prior notice.
While hearing these petitions on September 2, the top court had questioned how someone's house can be demolished just because he is an accused.
The top court had said that it proposes to lay down certain guidelines on the issue that would be applicable across the country.
"How can someone's house be demolished just because he is an accused? Even if he is a prisoner, it cannot be done without following the procedure prescribed by law," the court observed.
However, he had said that the court will not protect any unauthorized construction or encroachment on public roads.
As per the September 17 cause list uploaded on the apex court website, these petitions would come up for hearing before a bench comprising Justices B R Gavai and K V Viswanathan.
"We propose to lay down certain 'all-India' guidelines so that concerns on the issues raised are resolved," the court had said on September 2.
He had asked the parties' lawyers to make suggestions so that the court can frame suitable guidelines.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, had referred to an earlier affidavit filed by the state in the matter.
He had said that the affidavit states that the mere fact that a person has allegedly been a party to any crime can never be a ground for demolition of his immovable property.
According to Mehta, the State has said that demolition of immovable property can take place "only in case of violation and in accordance with the procedure prescribed in the respective applicable municipal law or in the law governing the development authorities of the area." .
The senior judicial officer had said that 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 lawyer appearing for one of the petitioners had said that almost all states were now indulging in this and demolishing properties.
The top court was hearing petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure that no further demolition of properties of accused in cases of riots and violence took place.
Jamiat Ulama-i-Hind had earlier filed a plea before the high court for the demolition of some buildings in Jahangirpuri area of the national capital.
The Muslim body had also filed a petition in the high court seeking directions to the Uttar Pradesh government to ensure that no further demolition of properties of those accused of violence in the state is carried out.
He had also said that no demolition should be carried out without following due process and without prior notice.
