Case Title: Jamiat Ulama I Hind v. North Delhi Municipal Corporation | Writ Petition (Civil) No. 295 of 2022 (and connected matters)
While hearing a batch of pleas against “bulldozer actions” in various states, the Supreme Court today passed an interim order that no demolition should take place in the country without its permission.
The Court however clarified that this order won’t be applicable to encroachments on public roads, footpaths, railway lines, or other public spaces (such as waterbodies).
“Till next date of hearing 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 ordered.
A bench of Justices BR Gavai and KV Viswanathan passed this direction for Pan India in a batch of petitions accusing various state governments of demolishing the buildings of persons accused of crimes as a punitive measure. The Court posted the matters for next hearing on October 1.Notably, Solicitor General of India Tushar Mehta raised objections to the Court’s order, saying that the hands of statutory authorities can’t be tied in this manner. However, the bench refused to relent, saying that “heavens won’t fall” if the demolitions are stopped for two weeks. Justice Gavai asked .”Stay your hands. What will happen in 15 days?”,
