Supreme Court to issue pan-India guidelines on demolition of properties

The Supreme Court of India announced its intention to establish nationwide guidelines on the demolition of properties, emphasizing that any structure, including religious buildings such as temples or dargahs, obstructing public roads must be removed in the interest of public safety.

The Court clarified that the mere status of being an accused or a convict cannot justify the demolition of one’s property.

A bench comprising Justices BR Gavai and KV Viswanathan underscored that the rules would apply universally, without favoring any particular community or religion. "We are a secular country, and our guidelines will be for all citizens and institutions," the bench affirmed, stressing that public safety and interest are paramount.

The bench also extended its interim order prohibiting demolitions without the Court's permission until a final decision is made. The court emphasized that unauthorized constructions on public lands, roads, government properties, forests, or water bodies will not be protected.

During the hearing, the bench proposed several safeguards, including mandatory notices through registered post and online records for transparency. It also suggested a 10-15 day grace period between issuing a demolition order and its execution, allowing affected individuals time to make alternate arrangements.

The petitions brought before the court, including one from Jamiat Ulama-i-Hind, argued against the demolition of properties without due process, particularly those belonging to individuals accused of criminal activities. Solicitor General Tushar Mehta, representing Uttar Pradesh, Madhya Pradesh, and Rajasthan, agreed that neither accusations nor convictions should justify property demolitions.

The Court is expected to issue comprehensive guidelines that ensure municipal laws are not misused as punitive measures and that demolition actions are conducted fairly and transparently.