Supreme Court Declines New Plea on Property Demolitions, Cites Pending Judgment

The Supreme Court on Monday declined to consider a fresh plea concerning the alleged widespread demolition of properties across various states, referencing an imminent judgment on related matters. The bench, consisting of Justices B R Gavai and P K Mishra, suggested that the issues raised in the new plea might already be covered in the upcoming verdict.

During the proceedings, the petitioners’ counsel highlighted that the plea contained data from nine states and that the demolitions had adversely impacted lakhs of people. However, the bench noted that it had recently reserved its judgment on a batch of petitions addressing similar concerns about property demolitions, including those owned by individuals accused of crimes.

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“It is already closed for judgment. Be reasonable,” Justice Gavai remarked, indicating that the court’s forthcoming decision could potentially resolve the issues presented in the new plea. Following this interaction, the counsel for the petitioners chose to withdraw the plea.

Previously, on October 1, the Supreme Court announced its intention to establish pan-India guidelines regarding the demolition of properties and religious structures that obstruct public spaces, regardless of their nature, be it a shrine or a temple. The court emphasized that public interest remains paramount and that neither accusations nor convictions of individuals justify the demolition of properties.

Additionally, the court underscored the need for the removal of unauthorized constructions by any individual, irrespective of their religious or personal beliefs. An order from September 17, which temporarily halted demolitions without explicit permission from the Supreme Court, will remain in effect until the court delivers its decision.

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The petitioners, including Jamiat Ulama-i-Hind, had sought the Supreme Court’s directive to ensure that no further demolitions targeting individuals accused in riots and violence occur without due process and prior notice. This plea was part of broader legal efforts following controversial demolitions in areas like Jahangirpuri, where the enforcement actions had sparked significant debate over their legality and fairness.

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