SC’s Landmark Guidelines to Curb Illegal Property Demolitions

On November 13, the Supreme Court of India issued guidelines to prevent the demolition of people’s homes and private properties by the government solely based on accusations of a crime. The court emphasized that such demolitions violate the rights of the accused, including the presumption of innocence, and unfairly affect other tenants, while also infringing on the right to shelter under Article 21 of the Constitution.

Supreme Court Guidelines on Demolitions

Date of Issue: November 13

Key Points

1. The Court laid down guidelines to curb demolitions of properties based solely on accusations of a crime.
2. It emphasized the violation of the presumption of innocence and right to shelter under Article 21 of the Constitution.
3. A mandatory 15-day notice must be provided to tenants before eviction, indicating reasons and the date of hearing.
4. Failure to follow the guidelines could lead to contempt proceedings and officials responsible for the demolition could be made to pay for the restitution.
5. The guidelines were part of a response to demolitions in Rajasthan and Madhya Pradesh after Muslim tenants were accused of crimes.

State Laws on Demolitions

Rajasthan

Udaipur Incident: House demolished after a tenant’s son was involved in a crime.

Relevant Law

• Rajasthan Municipalities Act, 2009, Section 245.
• Provisions for punishment for encroachment on public land, including up to 3 years of imprisonment and a fine.

Notice Requirement

• Offenders must be notified before property confiscation.
• Rajasthan Forest Act, 1953, Section 91: Only Tehsildar can pass eviction orders for trespassers.

Madhya Pradesh

June Incident: Part of a house demolished after a son allegedly desecrated a temple.

Relevant Law 

• Madhya Pradesh Municipalities Act, 1961, Section 187.

Notice Requirement

• The owner must be given notice to show cause before demolition.
• Demolition can occur only if no sufficient cause is shown in response.

Uttar Pradesh

2022 Demolitions: Post-communal violence, several structures were demolished in connection with protests.

Relevant Law

• Uttar Pradesh Urban Planning and Development Act, 1973, Section 27.

Notice Requirement

• Demolition order given after 15-40 days from the notice.

The owner can appeal against the decision, and the Chairman’s decision is final.

Delhi

2022 Incident: Demolition drives in Jahangirpuri post-communal violence.

Relevant Law

• Delhi Municipal Corporation Act, 1957, Sections 321, 322, 343.

Notice and Opportunity to Object

• Individuals must be given an opportunity to show cause against the demolition.

Commissioner Powers

• The commissioner can order demolition without notice for unauthorized structures or work but must provide a reasonable opportunity to the owner.

Haryana

2023 Incident: After communal violence in Nuh district, 443 structures were demolished.

Relevant Law 

• Haryana Municipal Corporation Act, 1994, Section 261.
• Similar provisions to Delhi’s DMC Act, but the time for demolition is only 3 days.

Notice and Opportunity

• Individuals must be given a reasonable opportunity to object.