The Supreme Court yesterday issued an interim order halting demolitions across the country without its prior permission. This order comes on the back of hearing of multiple pleas against "bulldozer actions" in various states. SC also clarified that this directive does not involve public road encroachments, footpaths, railway lines or waterbodies. Demolitions in these areas can still proceed, as per the order.

It is to be noted that a two-Judge Bench, comprising Justices BR Gavai and KV Vishwanathan, had heard several petitions on September 2, 2024, regarding bulldozing down of houses belonging to persons accused of criminal activities. This included demolition incidents reported from Madhya Pradesh and Rajasthan for which applications were filed seeking urgent redressal. The Rajasthan demolition case of August 17, 2024, involved the breaking down of the rented house of a student in Udaipur because he was allegedly involved in a murder case. Read more below.

Yesterday, the Bench issued a directive that, until its next hearing scheduled for October 1, 2024, no demolitions could take place without its prior approval.

Article 142 Invoked

SC used its special authority under Article 142 of the Constitution for issuing this directive, adding that even one illegal demolition will be regarded as against the ethos of the Constitution.

During yesterday's hearing, Solicitor General of India Tushar Mehta objected to the SC order calling it a restriction of statutory authorities. To this the Court responded that halting demolitions for two weeks would not cause any significant harm. Justice Gavai remarked "What will happen in 15 days?" 

Senior Advocate Chander Uday Singh pointed out that demolitions have continued despite the Court's earlier concerns on the same. He shared an example of September 12, 2024, when someone accused of stone pelting had found his house demolished within a few hours.

Solicitor General Mehta argued that in some cases, demolition notices had been issued years before the accused committed offences. However, the Court questioned the timing of these demolitions, why were they carried out just after the alleged offences took place.

The Court stressed the need to prevent misuse of power and has, therefore, stayed all demolitions until further notice.

Demolition Incident in Udaipur

Readers may recall that on August 17, 2024, following a school stabbing incident in Udaipur, the Udaipur Municipal Corporation (UMC) on government orders, had demolished the rented home of the accused within 24 hours of the crime (read UT report here). The UMC had claimed that the house was built on forest department land. It is to be noted that the accused was living in that house on rent, thus leaving the landlord to bear the loss. The People's Union for Civil Liberties (PUCL) has since written to the Chief Justice of Rajasthan, seeking legal action against the authorities involved in the demolition.