The Supreme Court of India has issued an important directive concerning property demolitions across the country, stating that no demolition will occur without the Court’s permission until October 1, coinciding with the next scheduled hearing. However, the Court has made it clear that this stay order does not extend to unauthorized constructions situated on public roads, footpaths, or other common areas.
In their observations, the bench, comprising Justices B R Gavai and K V Viswanathan, remarked, “Even if there is one instance of illegal demolition, it is against the ethos of our Constitution.” This ruling is significant as it provides temporary protection for properties against demolition, unless explicit permission is granted by the Court. The exception remains for any unauthorized structures that may obstruct public spaces.
The case arose from petitions highlighting reports of demolitions targeting properties belonging to individuals accused of wrongdoing in various states. In the wake of these discussions, Solicitor General Tushar Mehta addressed the bench, indicating that a certain narrative is being constructed surrounding the issue of property demolitions. However, the bench assured Mehta, stating, “Rest assured that outside noise is not influencing us,” emphasizing their commitment to impartiality and the principles of justice.
