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‘Alleged involvement in crime not a reason to bulldoze property’

‘Alleged involvement in crime not a reason to bulldoze property’

  • The Supreme Court on Thursday (September 12, 2024) said the alleged involvement of a person in a crime was not a ground for the demolition of his or her property.

Highlights:

  • On Thursday, September 12, 2024, the Supreme Court asserted that a person's alleged involvement in a crime is not a valid reason for demolishing their property.
  • A Bench led by Justice Hrishikesh Roy emphasized that authorities must not bypass the rule of law when taking action.

"Bulldozer Justice" Criticized:

  • The court expressed concern about the rising trend of demolishing properties without legal basis, stating that courts would not ignore such practices.
  • The Bench, which also included Justices Sudhanshu Dhulia and SVN Bhatti, warned that such actions could be seen as "running a bulldozer over the laws of the land."

Urgent Plea Against Demolition:

  • The ruling followed an urgent plea from Javed Ali, whose family home in the Kathlal gram panchayat, Kheda district, Gujarat, was threatened with demolition after an FIR was filed against a family member.
  • Senior advocate Iqbal Syed, representing Ali, argued that the house had been home to three generations for over two decades.

Protecting Private Property:

  • The Supreme Court referred to its recent decision to frame a pan-India policy protecting private property from arbitrary demolitions by the government.
  • Justice Roy’s Bench emphasized that, in a country governed by the rule of law, the actions of one family member should not lead to punitive measures against others or their legally constructed residence.

Order for Status Quo:

  • The court directed the municipal authorities to maintain the status quo regarding the petitioner's property, ensuring no further action would be taken against the house.

Prelims Takeaways:

  • The Supreme court

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