A bulldozer is used to demolish the illegal construction. Archive | Photo Credit: PTI

The Supreme Court attacked on Wednesday (November 13, 2024) against illegal demolitions of private propertyhomes of the accused and maintained that victims of illegal demolitions should be compensated.

Previously, in a suo motu In the sentencing case, Justices BR Gavai and KV Viswanathan had promised to protect even convicted criminals from state-sponsored punitive demolition of their lawful private property.

The high court had Illegal demolitions were suspended. nationwide in a September 17 order.

The Supreme Court held that the State cannot usurp judicial functions to become a judge and declare a person guilty before being tried before a court of law.

The court observed that the construction of a house for an average citizen is the embodiment of years of aspirations, dreams of security. Demolishing private homes of illegally accused people with bulldozers is an arbitrary action and a clear example of the saying “might is right.”

This arrogance of the State has no place in democracy and must be treated with a strong hand.

The Court further added that the protection of the ruling would not extend to invasions of public land or unauthorized structures.

The Court said: “The Executive and its officials, obliged to protect citizens, cannot be considered judges who declare a defendant guilty and demolish his house and property in an arbitrary, arrogant and discriminatory manner.”

The Supreme Court also issued a series of guidelines to follow due process before the demolition of unauthorized structures, including a 15-day notice for residents to find another place to live.

Justice BR Gavai said: “Children, women and elderly people should not be left homeless.” He further added that “the demolitions must be videographed and presented as evidence in case of challenges to their legality.”