The Supreme Court on Tuesday imposed an interim stay on any demolition in the country without its permission. The top court passed the direction invoking its special powers under Article 142 of the Constitution.
The court however clarified that this stay won't be applicable to encroachments on public roads, footpaths, railway lines, waterbodies.
A bench of Justices BR Gavai and KV Viswanathan passed this direction in a petition challengingg the alleged actions of various state governments in demolishing the buildings of persons accused of crimes as a punitive measure.
The stay will be operative till next date of hearing which is October 1. Solicitor General Tushar Mehta appearing for the government objected that the hands of statutory authorities can't be tied in this manner.
However, the bench said that "heavens won't fall" if the demolitions are stopped for a week.
While hearing the case, Justice Viswanathan said, "even if there is one instance of illegal demolition, it is against ethos of Constitution,"
In an earlier hearing, the top court had said that it will issue pan-India guidelines to ensure that authorities carry out demolition of unauthorised properties in accordance with law and not just because the owner is an accused or a convict in any other offence. The court was hearing a petition against "bulldozer justice" where houses are being allegedly demolished without any "notice" as a "revenge" for some other offence that the owner or a resident may be accused of.
The top court had said that the authorities will have to follow the rules laid down for demolition of unauthorised property. The apex court remarked that apparently there is a breach of rules and the Supreme Court will lay down guidelines to streamline the issue on next date of hearing.