New Delhi, Sep 30 (UNI) The Supreme Court on Tuesday reserved its order on a batch of petitions seeking directions to the Centre and state government to refrain from bulldozing shops and homes of people accused in criminal proceedings as an extra-legal punitive measure, a practice popularly known as “bulldozer justice”.

A bench comprising Justice B R Gavai and Justice KV Viswanathan clarified that their earlier order halting such demolitions shall not apply on cases where demolitions are required to clear unauthorized constructions.

The Court directed that the interim order passed earlier to ban authorities from demolishing properties of those suspected of criminal activities, without first seeking the Court's permission, would stand extended till the case is decided.

The Court suggested that there should be an online portal for intimation of those going to be affected by proposed demolitions, and videography of the action taken.

It also made it clear that the directions issued by the top court would apply pan-India and would not be restricted to any particular community.

The Court said, "We are a secular country and our orders will apply to everyone, irrespective of religion or community. Of course for encroachments, we have said...if it is on a public road or footpath or water body or railway line area, If there is any religious structure on the middle of the road be it gurudwara or dargah or temple, it cannot obstruct public," the Court said.

The Court also observed that judicial oversight was required over the orders issued for the demolition of any construction.

Solicitor General (SG) Tushar Mehta appeared for the States of Uttar Pradesh, Gujarat and Madhya Pradesh, and submitted that exceptional cases sometimes lead to laws which are not helpful to genuine cases. And that is not my lordships intention. It will have to be on facts of the case, notice can be the subject matter of litigation, the SG said.

The Court said we are just loudly thinking. Once an order is passed you may protect it for 10-15 days.

The SG said, “Will that not be amending municipal laws and affect even evictions etc? If they can file petitions now then why not then?”

Justice Viswanathan said eviction is restitutable but demolition is on a different footing.

SG said that giving time for a particular type of case may not be feasible.

Justice Viswanathan said, “Even if it is an unauthorised construction. It is not a happy sight to see people on the road. What joy is there seeing them like that? Nothing is lost if they are given time for alternative arrangements, in some cases the civic bodies do.”

The Court asked the SG, whether demolition can take place on the ground of someone being an alleged criminal?

SG replied, "No absolutely not. Even for heinous crimes like rape or terrorism. As my lord said, it cannot also be that notice issued/stuck one day before, it has to be in advance."

“Town planning authorities have that provision, lordships may say written notice be given by registered post so this pasting business stops and it gives 10 days’ time from date of receipt," Mehta said.

Senior Advocate CU Singh said rarely is a demolition of such urgency that it has to be done on the same day. But it is happening. In Gujarat, on 9 September, 28 homes were demolished.

The matter pertains to that on September 17, the Court passed an interim order banning authorities from demolishing properties using bulldozers of those suspected of criminal activities, without first seeking its permission.



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