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For an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations, top court has noted
The Supreme Court has observed that a house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future.
With this premise in mind, Justice BR Gavai has held, "Having a house or a roof over one’s head gives satisfaction to any person. It gives a sense of dignity and a sense of belonging. If this is to be taken away, then the authority must be satisfied that this is the only option available".
As the top court has laid down guidelines on demolition of structures, it has noted that in one structure, various people or maybe even a few families could reside. Accordingly, it has considered the question- "whether if only one of the residents of such a structure is an accused or convicted in a crime, could the authorities be permitted to demolish the entire structure thereby removing the shelter from the heads of the persons who are not directly or indirectly related with the commission of crime".
While answering this question, the top court has viewed that if demolition of a house is permitted wherein number of persons of a family or a few families reside only on the ground that one person residing in such a house is either an accused or convicted in the crime, it will amount to inflicting a collective punishment on the entire family or the families residing in such structure which our constitutional scheme and criminal jurisprudence would never permit.
The Supreme Court of India has while laying down guidelines on bulldozer action, also observed that executive acts of inflicting penalty of demolition on a citizen on the ground that he is an accused, violates the principle of ‘separation of powers’.
Top Court has thus held the executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review.
Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law as our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law, court has added.
Two months ago, 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 also 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.
Case Title: In Re: Directions in the matter of demolition of structures
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