SC refuses to hear fresh plea over demolition of properties

PTI, Oct 14, 2024, 6:02 PM IST

The Supreme Court on Monday refused to entertain a plea over the alleged demolition of properties across states in the country.

A bench of Justices B R Gavai and P K Mishra were not inclined to hear the plea following which the counsel for the petitioners withdrew it.

The bench told the petitioners’ counsel that it has recently reserved its verdict on a batch of petitions raising the plea that properties, including those belonging to persons accused of crimes, were being demolished in several states.

“It is already closed for judgement. Be reasonable,” the bench observed, adding that its judgement might also deal with the issue raised by the petitioners.

The petitioners’ counsel claimed there was data from nine states in the plea and lakhs of people had been affected owing to the demolitions.

The counsel was subsequently allowed to withdraw the petition.

On October 1, the top court had said it would frame pan-India guidelines on demolition of properties and religious structures in the middle of a road — be it a ‘dargah’ (shrine) or a temple — had to go as public interest was paramount.

A person being an accused or a convict is not a ground to demolish properties, the apex court said as it reserved its verdict on the pleas.

It also pointed out that an unauthorised construction by any person, irrespective of their religion or belief, had to be removed.

The September 17 order, which barred demolitions till October 1 without the top court’s permission, will continue till it decides the matter.

The apex court had, however, made it clear that it will not protect any encroachment on public places, roads, footpaths, government lands, forests, water bodies and similar areas.

The petitioners, Jamiat Ulama-i-Hind and others, sought the top court’s directions to various state governments to reportedly 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 the demolition of some buildings in Jahangirpuri area in the national capital.

It had also said no demolition should be carried out without following the due process of law and without a prior notice.