'Can't Demolish House Just Because Somebody Is An Accused' : Supreme Court To Frame Pan-India Guidelines On 'Bulldozer Actions'

The Supreme Court on Monday (September 2) expressed the intention to lay down pan-India guidelines to address the concerns that authorities in several States are resorting to the demolition of houses of persons accused of crimes as a punitive action.

A bench comprising Justices BR Gavai and KV Viswanathan, hearing a batch of petitions challenging the "bulldozer actions" in various States, asked the parties to submit draft suggestions which can be considered by the Court to frame the pan-India guidelines. The proposals are to be submitted to Senior Advocate Nachiketa Joshi, who has been asked to collate them and present to the Court.

"Let us try to resolve the issue on pan-India basis," the bench said while posting the matter after two weeks.

During the hearing, the bench orally expressed concerns about resorting to house demolition as a punishment.

"How can a house be demolished just because he is accused? It can't be demolished even if he's convict..." Justice Gavai said. While the judge clarified that the Court won't protect unauthorized constructions, he remarked that some guidelines are necessary.

"Why can't some guidelines be laid down? It should be put across states...This needs to be streamlined," observed Justice Viswanathan. At this point, Justice Gavai added that even if a construction is unauthorized, the demolition can be carried out as per the procedure in "accordance with law".

"A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it," remarked Justice Viswanathan.

Solicitor General of India Tushar Mehta, appearing for the State of Uttar Pradesh, said that the State's stand is clear from its affidavit which stated that merely because a person is alleged to be part of an offence, it can't be ground for demolition. "No immovable property can be demolished because owner/occupant is involved in offense," the SG read from the affidavit. The SG also said that in the cases mentioned in the petition filed against the UP Government, notices for violations were sent to the persons, and since they did not respond, the unauthorised constructions were demolished following the process in the municipal laws.

Senior Advocate Dushyant Dave, appearing for Jamiat Ulema-I-Hind, said that several houses of persons were demolished in Delhi's Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots.

Senior Advocate Chander Uday Singh cited a case from Udaipur where a person's house was demolished because the tenant's son was accused of a crime.

Before parting with the matter, an intervention application filed by the National Federation of Indian Women was also allowed by the Court. The Federation is represented by Advocates Nizam Pasha and Rashmi Singh.

Background

A batch of petitions were filed before the Supreme Court in 2022, relating to the demolition drive scheduled for April, 2022 in Delhi's Jahangirpuri. The drive was ultimately stayed, but the petitioners prayed for a declaration that authorities cannot resort to bulldozer actions as a form of punishment.

One of these petitions was by former Rajya Sabha MP and CPI(M) leader Brinda Karat, challenging the demolitions done by the erstwhile North Delhi Municipal Corporation in Jahangirpuri area after the communal violence during the Shobha Yatra processions in April.

When the matter was heard in September, 2023, Senior Advocate Dave (appearing for some of the petitioners) voiced concerns about the rising trend of state governments demolishing the homes of people accused of crimes, emphatically stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution. He also urged that the Court should order the reconstruction of the houses demolished.

Case Title: Jamiat Ulama I Hind v. North Delhi Municipal Corporation | Writ Petition (Civil) No. 295 of 2022 (and connected matters)

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