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This is an archive article published on September 12, 2024
Allegation of crime no ground for demolition of property: Supreme Court
The Supreme Court said demolition threats “may be seen as running a bulldozer over the laws of the land”.
The court’s attention to a September 2 order by a two-judge bench which said that it proposes to lay down “pan-India” guidelines on the issue. (Express File Photo/Anand Mohan J)
The Supreme Court Thursday said that “alleged involvement in crime is no ground for demolition of a property” and that it “cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme”.
“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. Alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved through due legal process in a Court of law. The Court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise such actions may be seen as running a bulldozer over the laws of the land”, a three-judge bench presided by Justice Hirhsikesh Roy said.
The bench also comprising Justices Sudhanshu Dhulia and S V N Bhatti said this while issuing notice on a plea by a Gujarat man, who alleged that the municipal authorities had threatened to bulldoze his family home following an FIR against one of the family members on September 1, 2024.
The court also directed that “meanwhile, status quo in respect of the petitioner’s property is to be maintained by all concerned.”
Senior Advocate Iqbal Syed appearing for the petitioner Javedali Mahebubmiya Saiyed referred to revenue records of Village Kathlal in Kheda District to point out that the petitioner is recorded as a co-owner of the land in question.
He submitted that by way of resolution dated August 21, 2004, the Kathlal Gram Panchayat had granted permission to build residential houses over the said land and that three generations of the petitioner’s family are residing in the said houses for the last about 2 decades.
“Yet, when the FIR came to be registered on 01.09.2024 against one family member, the municipal authorities have threatened to bulldoze the petitioner’s family home,” he added.
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The senior counsel said that the petitioner had filed a complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023, with the Deputy SP, Nadiad, Kheda District on September 6, 2024 describing the situation and making it clear that law should take its own course against the person accused of crime, but the Nagar Palika or others in the shadow of the Nagar Palika, should have no reason to either threaten or to take any steps such as using bulldozer, to demolish the legally constructed and legally occupied house/residence of the petitioner.
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