By Ananthakrishnan G , Hamza Khan
Notwithstanding objections, the Supreme Court in an interim order Tuesday directed that there should be no demolition without its permission of properties of persons just because they are accused of being involved in a crime.
“Till next date, there should be stay on demolition without leave of court,” a two-judge bench of Justices B R Gavai and K V Viswanathan said, adding that it was passing the direction in exercise of its powers under Article 142 of the Constitution.
The bench clarified that the direction will not apply to removal of unauthorised constructions on public streets, footpaths, railway lines or water bodies.
“Even if there is one instance of illegal demolition, it is against ethos of the Constitution,” remarked Justice Viswanathan as the bench was hearing pleas which alleged that some states were carrying out demolitions of housesof persons accused of involvement in crimes.
Solicitor General Tushar Mehta objected to the court passing such a direction, saying it will tie the hands of statutory authorities. He submitted that those whose constructions were demolished were already issued notices in the past and it so happened that they committed other crimes in the meanwhile, but it is not correct to say the demolition is linked to their involvement in the crime.
This story was originally published in indianexpress.com. Read the full story here.
