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Synopsis

The Supreme Court on September 12, 2024 said that in a country where actions of the State are governed by the rule of law, an alleged crime by a family member cannot invite action against other members of the family or their legally constructed residence. 

"Alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved through due 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," a three-judge bench headed by Justice Hrishikesh Roy said.

The bench, also comprising Justices Sudhanshu Dhulia and S V N Bhatti, issued notice to the Gujarat government on a writ petition filed by one Javedali Mahebubmiya Saiyed.

The petitioner alleged threats by Nagar Palika in Kheda district to demolish houses resided by his family for over two decades after lodging of an FIR against a family member on September 1, 2024.

The court ordered that status quo in respect of the petitioner’s property is to be maintained by all concerned and scheduled the matter for consideration after four weeks.

The petitioner's counsel senior advocate Iqbal Syed submitted the petitioner was recorded as a co-owner of the land in Kathal in Kheda district as per revenue records. The counsel referred to the resolution passed on August 21, 2004 of the Kathlal Gram Panchayat which granted permission to build residential house Nos. 26 and 48, over the said land. He submitted that three generations of the petitioner’s family were residing in the said houses for last about two decades.

"Yet, when the FIR came to be registered on 01.09.2024 against one family member, the municipal authorities have threatened to bulldoze the petitioner’s family home," the court recorded in its three-page order.

The petitioner's counsel also referred to the complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023 addressed to the Deputy SP, Nadiad, Kheda District on September 06, 2024 describing the situation and making it clear that law should take its own course against the person accused of crime. 

"But, the Nagar Palika or others in the shadow of the Nagar Palika, should have no reason to either threaten or to take any steps such as using bulldozer, to demolish the legally constructed and legally occupied house/residence of the petitioner," the court noted.

The counsel also referred to the orders passed by the top court on September 02, 2024 which indicated that for similar threats of bulldozing the residences of accused of crimes, the court proposed to take Pan-India action.

Case Title: Javedali Mahebubmiya Saiyed Vs State of Gujarat & Anr