‘Let Those Affected By Demolition Come To Court’, Says SC

The Supreme Court of India recently addressed the contentious issue of demolition drives across the country, firmly stating that it does not wish to open a “Pandora’s box.” This remark came during a hearing where the Court declined to entertain a plea from the National Federation of Indian Women (NFIW), an NGO that argued against the alleged demolition actions affecting various communities.

Court’s Decision on NFIW’s Petition

The bench, comprising Justices B. R. Gavai, P. K. Mishra, and K. V. Viswanathan, found that the NFIW petitioners were neither directly nor indirectly affected by the alleged demolitions. This determination led the Court to reject the plea, emphasizing the need for a more concrete connection to the issue at hand.

The NFIW’s counsel contended that following the Supreme Court’s earlier stay on bulldozer actions, several unauthorized demolitions occurred in Uttar Pradesh, Uttarakhand, and Rajasthan. However, the Court was not swayed by this argument, reiterating that the petitioners had no standing in the matter.

Ongoing Stay on Demolition Activities

On October 1, the Supreme Court extended its stay on bulldozer actions, stating that no property should be demolished without prior court permission. This interim order aims to establish comprehensive guidelines concerning demolition practices across India. However, it also clarifies that unauthorized constructions, including those infringing on public space, will not be protected under this stay.

The Court’s concern centers around public safety and the potential misuse of municipal laws. It emphasized that regardless of religious significance, any structure obstructing public pathways must be removed to maintain order and safety. This includes religious sites that may occupy public roads or footpaths.

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Addressing Concerns Over Unauthorized Demolitions

In its previous orders, the Supreme Court has consistently highlighted the need for a uniform approach to unauthorized constructions. The Court made it clear that it does not differentiate between religious structures when enforcing laws against illegal constructions. This stance is aimed at preventing selective enforcement, ensuring that all violations are treated equally.

A significant aspect of the discussion revolves around allegations that state authorities have increasingly resorted to extra-legal measures for demolitions, disproportionately affecting marginalized communities. The Court has received petitions that raise concerns about the rising trend of illegal demolitions, which some argue amounts to a form of state-sponsored punishment, particularly targeting minority groups.

The Supreme Court’s recent rulings reflect a careful balancing act between maintaining public safety and addressing the concerns of vulnerable communities. By asserting that all demolitions require prior approval and clarifying the distinction between legal and illegal constructions, the Court aims to foster a fair and just approach to this sensitive issue.

(WITH INPUTS FROM ANI)

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