Alleged Involvement In Crime No Ground To Demolish Legally Constructed Property, Such Demolitions Against Rule Of Law: Supreme Court
The Supreme Court today observed that alleged involvement in a crime is no ground for demolishing a legally constructed property, and the Court cannot ignore such demolition threats in a nation governed by the rule of law.
“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally constructed residence. Alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved through due legal process in a Court of law. The Court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise such actions may be seen as running a bulldozer over the laws of the land”, the Court observed.
A bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti issued notice returnable in four weeks on a petition by a man against potential demolition of his family home by municipal authorities due to alleged involvement of a family member in a crime.
The Court also directed that status quo be maintained regarding the petitioner's property until further orders are issued.
An FIR was registered against a family member of the petitioner on September 1, 2024. Following this, municipal authorities allegedly threatened to demolish the petitioner's residence. Thus, he approached the Supreme Court.
Senior counsel Iqbal Syed for the petitioner highlighted the recent order of the Supreme Court indicating that similar threats of demolition would be addressed with pan-India action.
Syed cited revenue records showing that the petitioner is a co-owner of the land in Village Kathlal, Kheda District. He also referred to a resolution from the Kathlal Gram Panchayat dated August 21, 2004, which granted permission for the construction of residential houses on the land. The petitioner stated that his family has resided in these houses for approximately two decades.
Syed told the Court that the petitioner has filed a complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023, to the Deputy SP, Nadiad, Kheda District on September 6, 2024. The petitioner has stated in the complaint that the law should take its course against the accused but there is no reason to threaten or demolish the petitioner's legally constructed and occupied residence.
The Supreme Court stressed that any alleged criminal activity must be addressed through due legal process, and such threats of demolition are contrary to the rule of law.
Another bench of the Supreme Court recently expressed concerns about the demolition of properties based on criminal allegations. On September 2, 2024, a bench of Justice BR Gavai and Justice KV Viswanathan in a batch of petitions challenging "bulldozer actions" indicated that the Court is considering framing pan-India guidelines to address the issue of authorities demolishing homes as a punitive measure.
Case no. – Writ Petition (Civil) Diary No. 41707/2024
Case Title – Javedali Mahebubmiya Saiyed v. State of Gujarat & Anr.
Citation : 2024 LiveLaw (SC) 691