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Supreme Court Temporarily Halts Bulldozer Demolitions, Plans to Formulate New Guidelines

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On Tuesday, the Supreme Court of India announced its intention to formulate directives on property demolitions carried out under municipal laws. This decision follows multiple pleas highlighting concerns that properties belonging to individuals accused of crimes are being demolished in various states.

The court has temporarily halted all bulldozer demolitions across India until October 1, unless specifically authorized by the court. The Supreme Court said that demolitions on public roads, water bodies, and railway lines are exempt from this restriction.

“We are streamlining direction so no one can misuse the law and indulge in any Constitutional infirmity,” the Supreme Court observed.

During the proceedings, Solicitor General Tushar Mehta addressed the court, criticizing the ongoing narrative against ‘bulldozer justice.’ He challenged the notion that demolitions were illegal and requested specific instances to counter the criticisms.

“Narrative is being built. What is this narrative building? Give us instances we will give answers on how it was not illegal demolitions,” Mehta said, as quoted by Bar and Bench.

Justice Vishwanathan responded by emphasizing that the Supreme Court’s goal is to ensure that guidelines for demolitions align with municipal laws and constitutional principles.

“Under no circumstances whatsoever. You first dissociate with this view that we are against you. Guidelines have to be in framework of municipal law and in line with Constitutional principles,” Justice Vishwanathan stated.

The court will revisit the issue on October 1, as it continues to address grievances related to property demolitions, particularly those affecting individuals accused of criminal activities. The Supreme Court had previously questioned the legality of demolishing properties based solely on accusations, asserting that even if a person is convicted, demolitions must follow established legal procedures.

The Jamiat Ulama-i-Hind, which has been actively challenging such demolitions, had earlier filed petitions concerning demolitions in the Jahangirpuri area of Delhi. The Supreme Court’s upcoming guidelines aim to address these concerns and provide clarity on the lawful execution of property demolitions.

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