The Sup🌼reme Court on Tuesday directed that no demolition in the country should take place without its p✤ermission.
The top court, however, ℱclarified that the order won't be applicable to encroachments on public roads, footpaths, railway lines, and waterbodies.
A b𝓰ench of Justice BR Gavai and KK Viswanathan pass♈ed the order after hearing a batch of pleas challenging bulldozer/demolition action undertaken by authorities in relation to the house of persons accused of crime.
☂Tꦫhe top court posted the next hearing for October 1.
"Till next date there shall be no demolitions with🧜out seeking leave of this court. However such order would not be applicable for unauth🥃orised constructions on public streets, footpaths, abutting railway lines or public spaces," the Court ordered.
Meanwhile, Solicitor General Tushar Mehta raised objections to the court's order, saying that🦄 the hands of the statutory authorities cannot be tied like this.
But then top court refused to mitigate and said that "heavens won't fall" if the demolitions are stopped for a week. The SC observ🧜ed that it has invoked its special powers under Article 142 of the Constitution to pass the direction.
"Even if there is one instance of illegal demolitio🌼n, it is against ethos of Constitut😼ion," Justice Viswanathan said. To this, Justice Gavai added that the apex court has also made it clear that it won't come between unauthorised construction. "But the executive cannot be a judge," he said.
The directive comes a week after the apex court came down heavily on bulldozer action and had said that alleged involvement in a crime is no ground for demolition of properties.
A SC bench of Justice Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti was hearing a matter related to a Gujarat civic body and the threat to demolish the house of an accused in a crimina♚l case.
They had observed that such demoli𒊎tion threats are inconceivable i꧙n a country where law is held to be supreme.
The apex court said that it cannot be oblivious to such actions which may be seen as "running a bulldozer over the laws of the land". It highlighted that an offence committed by one member of the family cannot invite 𒀰action against other members or their legally-constructed home.
"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. Alleg🐈ed involvement in crime is no ground for the demolition of a property," the SC said.
