Even if someone is guilty, the house cannot be demolished: Supreme Court

New Delhi: Questioning the bulldozer action of many state governments, the Supreme Court today made a harsh comment. The Supreme Court clearly said that even if a person is guilty, his house cannot be demolished without following the procedure prescribed by law. On the petition against the demolition action, the Supreme Court asked how can someone’s house be demolished just because he is an accused.

However, the Supreme Court further said that it will not protect any unauthorized construction. A bench of Justices BR Gavai and KV Vishwanathan was hearing the petition.

What did Justice Gavai say

Senior advocate Dushyant Dave, on behalf of Jamiat Ulema-e-Hind, said that the entire controversy can be put to an end if the government assures that action will not be taken in the name of bulldozer justice. Justice Gavai raised questions on the bulldozer action. He said that how can someone’s house be demolished just because he is accused? Even if he is proven guilty, his house cannot be demolished just like that. Despite the earlier stand of the SC, we do not see any change in the government’s stand.

Solicitor General Tushar Mehta said that on this issue, the government has filed an affidavit in August 2022 and clarified that bulldozers cannot be run on someone’s property just because he is an accused. This can be done only in violation of municipal law. Notices were issued at the places where action was taken.

While confirming the hearing on the petition against the demolition action on September 17, the Supreme Court said that we propose to set guidelines for the whole country. The court said that we will issue guidelines for the whole country. For this, both the parties have been asked to give suggestions.