Supreme Court to Set Guidelines on Property Demolition, Reserves Judgment

The Supreme Court of India announced on Tuesday that it will establish nationwide guidelines concerning the demolition of properties and has reserved its verdict on several pleas alleging unauthorized demolitions, including those involving accused individuals.

The bench, consisting of Justices B R Gavai and K V Viswanathan, emphasized that the forthcoming directives would apply across the board, ensuring that neither accusations nor convictions of individuals could justify property demolitions. The justices stated, “Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions, not for any particular community.”

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During the session, the bench reiterated its commitment to preventing misuse of demolition practices without affecting the enforcement against unauthorized constructions on public spaces such as roads, government lands, or forests. “We will take care to ensure that our order does not help the encroachers on any of the public places,” the bench declared.*

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As the hearing concluded with the phrase “Close for orders,” the discussions around extending the Supreme Court’s interim order of September 17, which halted demolitions until October 1, came into play. An advocate for the petitioners requested an extension of this order, to which the bench responded affirmatively, ensuring that the interim protections remain in effect until a final decision is reached.

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The Supreme Court’s previous statements have clarified that the freeze on demolitions does not apply to unauthorized structures on public properties or to actions already mandated by court orders.

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