#SupremeCourt, #Bulldozer, #Demolition
New Delhi/IBNS-CMEDIA: Slamming the government’s recurrent highhandedness, the Supreme Court on Wednesday ruled states can’t demolish illegal houses instantly without following the process of law stating “executive can’t become judge”.
The action will be taken on public officials who will in a “high-handed” manner.
The government must give 15 days to the owners of the houses which are illegally constructed to respond.
If they fail to respond, then the constructions can be demolished and the entire process must be videographed.
The accused will be entitled to compensation if their houses are demolished without following the process of law.
The top court bench led by Justices BR Gavai and KV Vishwanathan was hearing a batch of pleas on how bulldozers were used to demolish properties by the authorities.
The bench said as quoted by The Times of India, “Rule of law provides a framework to make sure individuals know property will not be taken away arbitrarily.”
“The executive can’t declare a person guilty. If based only on allegation, it demolishes his house, it would strike at the basic principle of Rule of Law. Executive can’t become a judge and decide to demolish an accused’s property,” it added.
The top court had reserved its judgement on October 1 with the passing of an interim order that prevented demolition of any property barring the illegal ones without permission until further notice.
The top court in its November 13 judgement also highlighted the secular fabric of India and stated there should be no religious biases when it comes to bulldozer action.
It has also stated the government can’t demolish a property because the person is an accused or a convict.
The pleas that were filed before the Supreme Court had noted minority and marginalised communities were targeted by the bulldozer actions.
