New Delhi : The Supreme Court of India on Monday declined to entertain a public interest litigation (PIL) seeking to hold administrative authorities accountable for the costs of demolishing homes belonging to individuals accused of criminal activities and riots.
The bench, led by Justice B.R. Gavai and joined by Justice P.K. Mishra, asserted that the issue was closed, as the court had already reserved its decision on establishing nationwide guidelines for demolition practices. “Either you withdraw it, or we will reject it,” the bench remarked, signaling its reluctance to engage further with the petition.
In light of the court’s disinterest, the petitioner’s counsel opted to withdraw the plea. The PIL had called for a requirement to obtain permission from the local District Judge before initiating any demolition, alongside serving notices to alleged unauthorized occupants.
The petition cited recent incidents in Madhya Pradesh, where the state government ordered demolitions of properties linked to those accused of participating in communal violence during riots. The plea emphasized that such actions, initially seen in Uttar Pradesh, had now spread to other states, raising concerns over due process.
Furthermore, the petition requested the publication of a comprehensive list detailing demolished properties, categorized by district and state, along with the names of the concerned district magistrate, sub-divisional magistrate, and police officials.
On September 17, the Supreme Court issued an interim order barring demolitions across the country without prior permission, following multiple petitions alleging unauthorized actions by state authorities. However, the court clarified that its order would not affect demolitions of unauthorized structures in public spaces, such as roads and railway lines, or those sanctioned by a court.
Recently, the court refrained from imposing a stay on demolitions near the Somnath temple but delivered a stern warning to Gujarat authorities. The court threatened to impose contempt charges if demolitions proceeded in violation of its September directive, emphasizing that it would not hesitate to impose severe penalties on non-compliant officials.
As the legal landscape around demolitions continues to evolve, the Supreme Court remains vigilant in monitoring the actions of state authorities to ensure adherence to due process and the protection of citizens’ rights.