Supreme Court Hearing Today: A large number of illegal constructions have been demolished in Uttar Pradesh and nearby areas in the last few days. Doubts are being raised about the speed of this action and the motive behind it. The matter has reached the Supreme Court and is being heard in detail. Meanwhile, the Supreme Court has issued an interim order and said that no further bulldozing action should be taken without the permission of the court. Therefore, bulldozer action will be curtailed.
In the last few years, there have been many cases of construction activities being carried out with the help of bulldozers in different states across the country. It was alleged that bulldozer action was being used as a punishment against the accused in a crime. The matter went to the Supreme Court. Several petitions were filed in the court in this regard. The matter is being heard in the court. The Justice B. आर. Gavai and Justice K. V. The case is being heard by a bench headed by Justice Vishwanathan.
Absolutely nothing without permission!
The Supreme Court has passed an interim order in this regard. According to Live Law, the court has said that no demolition work will be done without the permission of the court across the country. The court, however, made it clear that the order would not apply to encroachments on public roads, footpaths, railway lines or other public properties.
At the same time, the court clarified that encroachments on public property have been excluded from this interim order, while at the same time, these orders will remain in force until further orders. The next hearing of the case will be on October 1.
The sky will not fall in two weeks
Solicitor General Tushar Mehta, appearing for the government, opposed the plea. "The hands of the administration cannot be tied like this," Mehta argued. However, the court rejected the plea. "No sky is going to fall because demolition work has not been done for two weeks. Keep your hands still. What will happen in 15 days?"The court asked.
Special court order
When Tushar Mehta raised the issue that the administrative machinery across the country cannot be directed not to take such action, the court rejected it. Gavi explained. The court's observation came in the context of allegations that bulldozing activities were being carried out on the construction of a property as a punishment to an accused in a crime. "Even an illegal demolition is against the basic tenets of the Constitution," Justice Viswanathan said. The court said that the order was passed under Article 142 of the Constitution.
What happened in 2024?”
Solicitor General Tushar Mehta argued that notices were issued to the owners of the demolished properties in 2022 itself. He committed some crimes in the intervening period till 2024. Mehta argued that the actions of the bulldozers are being linked to their crimes and a propaganda is being spread that a particular community is being targeted. He said a petition was also filed in the court in this regard. The judge heard them.
"The court asked. It has no impact on us. Right now we are not looking at whether there is a particular community or not. Even if such an illegal act has taken place, it is against the basic tenets of the Constitution, "Justice Viswanathan said.
Should we send a notice to the Election Commission?”
Meanwhile, during the last hearing, the court raised the issue of some leaders saying that the action will continue even after the court expressed concern over such bulldozer action. "After the last hearing, there were some statements that such bulldozer action will continue. After September 2, there was widespread support for such an action. Is this happening in our country? Should we send a notice to the Election Commission? We will lay down guidelines in this regard, "Justice Vishwanathan said.