Will protect even convicted criminals against punitive demolitions, but not public space encroachers: SC

Supreme Court protects private property from State demolitions, refuses immunity to public space encroachers, regardless of religion.

The Supreme Court on Tuesday (October 1, 2024) promised to protect even convicted criminals from State-sponsored punitive demolition of their legal private property but refused any kind of immunity to public space encroachers, whether they be Hindus or Muslims.

A Bench of Justices B.R. Gavai and K.V. Viswanathan said a conviction or being accused of a crime was no ground for States to bulldoze private homes and shops.

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But at the same time, the apex court, which has proposed to frame pan-India guidelines to protect private property from illegal and targeted State demolitions, said it would not condone or shield public encroachments, irrespective of the faith of the violators.

“We are a secular country… Whatever we lay down, we lay down for all citizens. There cannot be a particular law for a particular religion. Unauthorised constructions belonging to members of any community have to go, no matter their religion or faith,” Justice Gavai observed orally in court.

The Bench was hearing petitions accusing States like Uttar Pradesh of misusing municipal laws to bulldoze the private property of members of minority communities. The petitions argued that municipal laws were misused for crime-fighting and grandstanding by ruling parties in these States.

Justice Viswanathan pointed out during the hearing that there have been 4.45 lakh demolitions in recent years.