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INDIA

‘No more demolitions without court permission’: SC tells government

By News Desk

September 17, 2024

The Supreme Court of India has issued an interim stay on demolitions across the country unless approved by the court itself, Press Trust of India reported.

The ruling, made on Tuesday, will remain effective until the next hearing scheduled for October 1.

This decision comes under the court’s authority granted by Article 142 of the Constitution.

However, the court clarified that the stay does not apply to encroachments on public roads, footpaths, railway lines, or water bodies.

A bench of Justices BR Gavai and KV Viswanathan issued this order in response to a petition challenging the actions of state governments that have used demolitions as a punitive measure against individuals accused of crimes.

Solicitor General Tushar Mehta, representing the government, opposed the ruling, arguing that it restricted statutory authorities. The bench responded that halting demolitions for a week would not cause significant harm, noting that any instance of illegal demolition goes against the ethos of the Constitution.

The court previously indicated plans to establish guidelines to ensure that demolitions of unauthorized properties are conducted legally, rather than as retribution for unrelated offenses.

The guidelines are expected to be outlined in the next hearing.