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'Stay your hands'... Supreme Court halts 'bulldozer actions' until October 1

The Supreme Court issued an interim order halting the demolition of private properties across the country without its permission. This stay remains in effect until October 1, when the court will hear the case again.
 

'Stay your hands'... Supreme Court halts 'bulldozer actions' until October 1 anr
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First Published Sep 17, 2024, 4:09 PM IST | Last Updated Sep 17, 2024, 4:09 PM IST

New Delhi: During the hearing of several petitions challenging "bulldozer actions," the Supreme Court issued an interim directive stating that no demolitions should occur across the country without its approval. However, the Court specified that this ruling does not apply to encroachments on public roads, footpaths, railway lines, or water bodies.

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"Till next date, there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces," the Court said as quoted by Live Law.

A bench comprising Justices BR Gavai and KV Viswanathan issued this directive in response to a petition challenging the alleged actions of several state governments that have been demolishing the properties of individuals accused of crimes as a punitive measure. The Court has scheduled the next hearing for October 1.

Solicitor General of India, Tushar Mehta, objected to the Court's order, arguing that statutory authorities should not be restricted in this way. However, the bench remained firm, stating that "heavens won't fall" if the demolitions were paused for two weeks. Justice Gavai remarked, "Stay your hands. What will happen in 15 days?"

The bench stated that it issued the direction using its special powers under Article 142 of the Constitution.

The court stated that it issued the direction using its special powers under Article 142 of the Constitution. This decision came while hearing petitions challenging the demolition of private buildings belonging to individuals accused of crimes, which were carried out as a punitive measure by the central and various state governments. The court emphasized that regardless of the specific community being targeted, any instance of illegal demolition undermines the constitutional values.

"Outside noise not influencing us. We won't get into question of...which community...at this point. Even if there is one instance of illegal demolition, it is against ethos of the Constitution," Justice Viswanathan said.

The court also criticized ministers and politicians who continued to justify and praise the bulldozer actions despite the court's earlier remarks against them on September 2.

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