Supreme Court halts demolition drive pending further review

| Updated: 23 October, 2024 11:53 am IST

NEW DELHI – The Supreme Court of India has issued a temporary halt on demolitions across the country without its explicit permission, with exceptions only for encroachments on public infrastructure such as roads, footpaths, railway tracks, or water bodies. This decision comes as the court examines multiple petitions alleging the government’s misuse of bulldozers to unlawfully demolish properties.

 

The petitions stem from a case in Bahraich district, Uttar Pradesh, where the Public Works Department (PWD) issued demolition notices to three individuals allegedly involved in recent communal violence. The violence, which erupted during a religious procession, resulted in the death of 22-year-old Ram Gopal Mishra, who died from gunshot injuries.

 

Petitioners argue that the properties targeted by the demolition orders are between 10 and 70 years old, and claim that the government’s assertions of “unauthorised construction” are a pretext to circumvent the Supreme Court’s existing stay on demolitions. They contend that the demolition notices are punitive rather than based on legitimate legal grounds.

 

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During the hearing, senior advocate CU Singh, representing the petitioners, highlighted that the notices were issued after two of the applicants’ family members had already surrendered to authorities. He also pointed out that the PWD provided only a three-day window for action, which he argued violated the Supreme Court’s previous rulings.

 

In response, Additional Solicitor General KM Nataraj, representing the Uttar Pradesh government, informed the court that the Allahabad High Court was already addressing the matter and had granted 15 days for responses to the notices. However, Singh noted that the High Court had not provided any protective measures for the petitioners.

 

The Supreme Court has now directed the government to refrain from any demolition actions until further review. The next hearing is scheduled for Wednesday.

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