SC: Can’t raze property just if someone faces criminal case

Maintaining that alleged involvement in a crime is not a ground to demolish properties, the Supreme Court on Thursday asked the civic body of Kathlal in Kheda district of Gujarat to maintain status quo and not threaten to bulldoze the house of a man accused in a criminal case.

“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property,” a Bench led by Justice Hrishikesh Roy said.

“Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land,” said the Bench which also included Justice Sudhanshu Dhulia and Justice SVN Bhatti.

As many BJP-ruled states resort to bulldozer action against ‘illegal’ houses of offenders, another Bench led by Justice BR Gavai on September 2 said that it will lay down guidelines on the issue as it wondered how someone’s house can be demolished just because the person happened to be an accused.

Issuing notices to the Gujarat Government and the Kathlal civic body a petition filed by one JM Saiyed seeking protection from the proposed demolition, the top court on Thursday asked them to respond to the petition in four weeks and listed it for hearing after a month.

“In the meantime, status quo in respect of the petitioner’s property is to be maintained by all concerned,” it said, taking note of the petitioner’s contention that the civic body has no reason to either threaten or take any steps, such as using bulldozers, to demolish his legally-constructed and legally-occupied house. The order came after the petitioner’s counsel said three generations of his client’s family had been residing in the house threatened to be demolished for the last two decades. He said an FIR was registered against one of the family members on September 1 and claimed that the municipal authorities have threatened to bulldoze the petitioner’s family house.