NEW DELHI, Sept 16: The Supreme Court is scheduled to hear on Tuesday pleas which have raised grievances that properties of persons, who are accused of some crime, were being demolished in several states.
While hearing these petitions on September 2, the Apex Court had questioned how can anybody’s house be demolished just because he was an accused.
The top court had said it proposes to lay down certain guidelines on the issue that would be enforceable across the country.
“How can anybody’s house be demolished only because he is an accused? Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” the court had observed.
It, however, had said the court will not protect any unauthorised construction or encroachment on public roads.
According to the cause list of September 17 uploaded on the apex court’s website, these petitions would come up for hearing before a bench comprising Justices B R Gavai and K V Viswanathan.
“We propose to lay down certain guidelines on ‘pan-India basis’ so that the concerns with regard to the issues raised are taken care of,” the bench had said on September 2.
It had asked the counsel appearing for the parties to give suggestions so that the court can frame appropriate guidelines.
Solicitor General Tushar Mehta, appearing for Uttar Pradesh, had referred to an earlier affidavit filed by the state in the matter.
He had said the affidavit states that merely because a person was alleged to have been a part of some offence can never be a ground for demolition of his immovable property.
According to Mehta, the state has said demolition of an immovable property can take place “only for violation of and in accordance with the procedure prescribed in the respective applicable municipal law or law governing development authorities of the area”.
The top law officer had said no immovable property can be demolished solely on the ground that the owner or occupant of such property was involved in a criminal offence.
The counsel appearing for one of the petitioners had said almost every state was now indulging in this and demolishing properties.
The top court was hearing the petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure no further demolition of properties of those accused in cases of rioting and violence takes place.
The Jamiat Ulama-i-Hind had earlier filed a plea in the Apex Court over demolition of some buildings in Jahangirpuri area of the national capital.
The Muslim body had also filed a petition in the Apex Court seeking directions to the Uttar Pradesh Government to ensure no further demolition of properties of those accused of violence was carried out in the state.
It had also said no demolition should be carried out without following the due process and sans prior notice. (PTI)
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