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Synopsis

The Supreme Court of India on Wednesday observed that Executive cannot become a JUDGE and decide that a person is guilty and therefore punish him by demolishing their house.

Justice BR Gavai further has said, "Such acts pf the executive have to be dealt with heavy hand of the law.". He has further held that an authority cannot be permitted to take away the shelter of an entire family only on the ground that one person residing in the house is accused of a crime.

"If executive demolishes the house of a person only on the ground that they are an accused, that is a violation of rule of law.." , the court has further said while laying down guidelines on demolition of structures.

The top court has held that even after orders on demolition are passed, aggrieved party should be given time to challenge that order and sufficient time should be given to vacate the house.

Adding that no demolitions should be carried out without a prior show cause notice, every local authority has been directed to assign a digital portal within 3 months which shall contain the details of these notices issued.

An opportunity should be given to the owner to demolish the illegal structure within a period of 15 days, court has added. It has further noted that only such structures which are found to be not compoundable shall be demolished.

The Supreme Court had by way of an interim order halted any demolition without its permission of properties of persons just because they are accused of being involved in a crime. Earlier, it had questioned the concerned authorities over their wanton demolition of houses and properties of accused in a criminal case.

Court took up this issue after a plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings.

The organisation in their petition has said that there has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states as a ‘punitive measure’ against persons allegedly involved in crime.

Jamait claims that such measures are against the constitution and violate the rights of a person. it was further claimed that “such measures by the government undermine the criminal justice system of our country, including the important role of the courts.