GG News Bureau
New Delhi, 1st Oct. The Supreme Court announced on Tuesday that it will establish nationwide guidelines regarding the demolition of properties, including religious structures located in public spaces such as roads. The court emphasized that regardless of whether the structure is a dargah or a temple, it must be removed if it obstructs public safety or public interest.
The bench, led by Justices BR Gavai and KV Viswanathan, highlighted that demolitions cannot be justified merely because someone is an accused or a convict. The court reserved its verdict on a series of pleas alleging that properties, including those belonging to individuals accused of crimes, were being demolished across several states.
In its earlier order on September 17, the court had halted all demolitions until October 1, pending further notice. This ruling will remain in effect until the court reaches a final decision.
The bench made it clear that unauthorized constructions, regardless of religion or belief, would not be protected, and its forthcoming order would apply to all citizens. “We are a secular country. We are laying it down for all institutions, not for any particular community,” the bench remarked.
The court reiterated that public interest supersedes religious considerations, emphasizing that no encroachment on public spaces, roads, government lands, or natural resources such as forests and water bodies would be tolerated.
Moreover, the bench proposed that notices for demolition should be sent through registered post and displayed on an online portal, ensuring transparency and digital records. The court also suggested a 10-15 day window between demolition orders and their execution to allow affected individuals to make alternative arrangements.
The petitions, filed by organizations like Jamiat Ulama-i-Hind, sought to prevent further demolitions of properties belonging to those accused of rioting and violence, particularly highlighting the Jahangirpuri demolitions in Delhi. Solicitor General Tushar Mehta, representing Uttar Pradesh, Madhya Pradesh, and Rajasthan, agreed that conviction alone should not justify property demolition and suggested issuing registered notices to ensure due process.
The court is expected to announce comprehensive guidelines soon, aiming to balance public safety, religious sensitivities, and individual rights while preventing misuse of municipal laws for punitive purposes.
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