Passing the order, a court, headed by Justice B.R. Gavai said unauthorized structures can be demolished following due procedure, but under no circumstances can properties be demolished for "extraneous reasons".
The Court, also comprising Justice K.V. Viswanathan, clarified that his order will not protect any unauthorized construction on public roads, streets, footpaths, railway lines or public places.
Publishing the batch of petitions alleging demolitions carried out without prior notice for the next hearing on October 1, he stated that he would establish directives under domestic law that would guarantee legal remedies.
The high court said neither unauthorized occupants nor authorities should be allowed to take advantage of "loopholes" in municipal laws.
Solicitor General Tushar Mehta said a "narrative" was built and demolitions were carried out after notices were served regarding structures built in violation of municipal law.
"There can be no stay against illegal demolition. I have submitted an affidavit that there can be no demolition except in accordance with the applicable law and not on the basis of the person being guilty of any offence," he said.
“Let them (the PIL litigants) bring an incident where the law was not followed. Those affected do not come forward because they knew that they had received notices and that its construction was illegal,” he added.
In an earlier hearing held on September 2, the top court mulled over the framing of pan-India guidelines against demolition of properties of people accused of committing criminal offences. He stressed that even unauthorized constructions must be demolished "according to the law" and state authorities cannot resort to demolishing the defendant's property as punishment.
The SC highlighted that not only the house of an accused but also the house of a convict cannot suffer such a fate, while clarifying the high court's intention not to protect unauthorized structures. Posting the matter for hearing after two weeks, he asked the parties to record their suggestions for framing of guidelines.
The high court was hearing a plea filed by Jamiat Ulema-i-Hind, alleging that several houses of people were demolished in Delhi's Jahangirpuri immediately after the April 2022 riots on the allegation that they had instigated riots. Several petitions against bulldozer actions in several states were also filed in the same pending matter. The petition argued that authorities cannot resort to bulldozer action as a form of punishment and that such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution.
In addition, he asked for instructions to order the reconstruction of the demolished houses.
The Court, also comprising Justice K.V. Viswanathan, clarified that his order will not protect any unauthorized construction on public roads, streets, footpaths, railway lines or public places.
Publishing the batch of petitions alleging demolitions carried out without prior notice for the next hearing on October 1, he stated that he would establish directives under domestic law that would guarantee legal remedies.
The high court said neither unauthorized occupants nor authorities should be allowed to take advantage of "loopholes" in municipal laws.
Solicitor General Tushar Mehta said a "narrative" was built and demolitions were carried out after notices were served regarding structures built in violation of municipal law.
"There can be no stay against illegal demolition. I have submitted an affidavit that there can be no demolition except in accordance with the applicable law and not on the basis of the person being guilty of any offence," he said.
“Let them (the PIL litigants) bring an incident where the law was not followed. Those affected do not come forward because they knew that they had received notices and that its construction was illegal,” he added.
In an earlier hearing held on September 2, the top court mulled over the framing of pan-India guidelines against demolition of properties of people accused of committing criminal offences. He stressed that even unauthorized constructions must be demolished "according to the law" and state authorities cannot resort to demolishing the defendant's property as punishment.
The SC highlighted that not only the house of an accused but also the house of a convict cannot suffer such a fate, while clarifying the high court's intention not to protect unauthorized structures. Posting the matter for hearing after two weeks, he asked the parties to record their suggestions for framing of guidelines.
The high court was hearing a plea filed by Jamiat Ulema-i-Hind, alleging that several houses of people were demolished in Delhi's Jahangirpuri immediately after the April 2022 riots on the allegation that they had instigated riots. Several petitions against bulldozer actions in several states were also filed in the same pending matter. The petition argued that authorities cannot resort to bulldozer action as a form of punishment and that such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution.
In addition, he asked for instructions to order the reconstruction of the demolished houses.
