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.
Date of Issue: November 13
Udaipur Incident: House demolished after a tenant’s son was involved in a crime.
Relevant Law
Notice Requirement
June Incident: Part of a house demolished after a son allegedly desecrated a temple.
Relevant Law
Notice Requirement
2022 Demolitions: Post-communal violence, several structures were demolished in connection with protests.
Relevant Law
Notice Requirement
The owner can appeal against the decision, and the Chairman’s decision is final.
2022 Incident: Demolition drives in Jahangirpuri post-communal violence.
Relevant Law
Notice and Opportunity to Object
Commissioner Powers
2023 Incident: After communal violence in Nuh district, 443 structures were demolished.
Relevant Law
Notice and Opportunity
Summary/Static | Details |
Why in the news? | Supreme Court of India issued guidelines to prevent the demolition of people’s homes and private properties by the government |
Notice Period | 15-day notice for tenants to challenge or address before eviction. |
Demolition Reason | Must be supported by clear reasons; eviction based on accusations alone violates rights. |
Compensation | Officials responsible for violations may be asked to pay for restitution and face contempt proceedings. |
Rights Protection | Protects the presumption of innocence and right to shelter (Article 21 of the Constitution). |
Law Enforcement | Government officials must follow set guidelines or face legal consequences. |
Demolition Triggers | Not allowed solely on the basis of crime accusations; needs a legal framework for justification. |
Court’s Role | The court mandates that no demolition can occur without notice and opportunity for objections. |
State Laws | Rajasthan: Notice required under Rajasthan Municipalities Act, Section 245. Madhya Pradesh: Notice required to show cause for unauthorized constructions. Uttar Pradesh: Allows 15-40 days for demolition notice under the UP Urban Planning Act. Delhi: Demolition allowed with notice, but a reasonable opportunity to object must be given. Haryana: Similar provisions to Delhi, but demolition must occur within 3 days of notice. |
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