New Delhi [India], September 12 (ANI): The Supreme Court on Thursday remarked that the alleged involvement in crime is no ground for demolition of a property and such actions may be seen as running a bulldozer over the laws of the land.
A bench of justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti made these remarks when it was hearing plea related to demolition of the house.
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, the Supreme Court said.
“Alleged involvement in crime is no ground for demolition of a property,” the top court said.
“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,” the top court added.
One of municipal authorities in Gujarat has threatened to bulldoze the house of a family among whom one of them has been named in the First Information Report. The petitioner who is a co-owner of a land in the Kathlal in Gujarat’s Kheda District has approached the top court against the decision of the municipal authorities. The petitioner’s lawyer submitted that three generations of his family are residing in the said houses for about two decades.
According to petitioner, when the FIR was registered on September 1, 2024, against one family member, the municipal authorities threatened to bulldoze the petitioner’s family home.
The petitioner was represented by the Senior Advocate Iqbal Syed and advocates Mohammad Aslam, Saroj Kumar Sinha, V Bhandari, Amaan Syed and Vivek Kumar.
The petitioner referred to the complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023 addressed to the Deputy SP, Nadiad, Kheda District describing the situation and making it clear that law should take its own course against the person accused.
“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,” the lawyer said.
The counsel also referred to the orders passed by the top court on September 2, 2024 which indicates that for similar threats of bulldozing the residences of accused of crimes, the Court proposes to take PAN-India action.
On heating the petitioner submission, the top court issued notice on the petition and directed to maintain the status quo in the case.
“Issue notice, returnable in four weeks. In the meantime, status quo in respect of the petitioner’s property is to be maintained by all concerned,” the top court said. (ANI)
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