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The Supreme Court has refused to hear petitions against states seeking to demolish illegal properties.
The Supreme Court on Thursday declined to hear petitions against states seeking to demolish illegal properties. The case was heard by Justice BR Gavai, Justice PK Mishra and Justice KV Vishwanathan.
The bench said it was not inclined to consider petitions from petitioners who were not directly or indirectly related to the case. If these petitions are heard, the caseload will increase significantly.
The bench said that in Uttarakhand, Rajasthan and Uttar Pradesh, the complaints would not be heard if the authorities had provided information to the petitioners beforehand. However, families whose members are in jail for related cases can appear in court.
In fact, the petitioner alleged that the Haridwar, Jaipur and Kanpur authorities failed to comply with the Supreme Court order which said the property cannot be demolished without the court’s permission.
Court live broadcast…
Petitioner’s lawyer: The Supreme Court has ordered that no property should be demolished without court permission. In one of the cases, the property was demolished soon after the FIR was registered.
UP Government Lawyer: The applicant filed a lawsuit in court based on some media reports. Since it was just an encroachment on the sidewalk, it has been demolished by the authorities.
Petitioner’s lawyer: Victims are often unable to attend court.
bench: Please don’t say that, there are public-spirited citizens everywhere.
September 2: Supreme Court says properties cannot be demolished without a court order. On September 2, the Supreme People’s Court issued guidance on the demolition of illegal properties. The court said if someone is only a defendant, how can action be taken to demolish the property? A bench of Justices Vishwanathan and BR Gavai said such action cannot be taken even if a person is guilty.
The Supreme Court had said on the bulldozer operation that we are not talking about illegal encroachment here. Relevant parties should make suggestions in this regard. We can issue guidelines for the entire country. Someone’s son may be a defendant, but his father’s house is demolished based on this! This is not the right approach.
Following the comments, the central government said that none of the accused’s properties had been demolished as a result of the crime. Action has been taken against the accused for illegal possession under the Municipal Act.
Three states where bulldozing operations have taken place in the past three months
- August 2024: Incident at the house of the accused who hurled stones at police in Chhatarpur, Madhya Pradesh. On August 21, the Kotwali police station in Chhatarpur, Madhya Pradesh, was attacked with stones, and within 24 hours, the government razed to the ground a three-storey mansion covering an area of 20,000 square feet and worth Rs 20 crore. Even when his mansion was demolished, his family was not present. According to the FIR, the four brothers incited the mob to attack the police.
- August 2024: A bulldozer stormed into the home of an accused after two children were stabbed in Udaipur, Rajasthan. A class 10 student stabbed another student at a government school in Udaipur. Since then, arson and violent demonstrations have broken out across the city. On August 17, a bulldozing operation took place at the home of the accused student. Earlier, on the instructions of the government, the forest department had issued a notice to Salim Shaikh, father of the accused, asking him to vacate the house built in the illegal colony.
- June 2024: 6 properties belonging to 2 accused were demolished in Moradabad and Ballia, Uttar Pradesh. In Moradabad, a bulldozer crushed the house of someone who tried to kidnap a married woman. The defendant shot the woman’s parents and brother who were protesting the kidnapping. Meanwhile, the hotel where hotel owner Zeeshan beat a young man to death over bread dispute in Bareilly was razed to the ground. June 26th is Sunny’s birthday. Sunny ordered 150 pieces of roti from Zeeshan, the owner of Mashal Hotel. Zeeshan only gave 50 rotis and refused to give 100 rotis. When the argument escalated, Zeeshan and his accomplices beat Sunny to death.
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