- The law of natural justice and the rule of the law of the land should be fair, unprejudiced, and unbiased, and the commoners should be protected from the high-handedness of the state machinery. Especially so in a democratic country like India, where the voice of the people is supreme as mandated in the Constitution, unambiguously demarcating the rights to be upheld at any cost. Nothing else matters other than addressing the needs of the last man standing. Yes, there are occasions when the three arms of the Constitution wittingly or unwittingly encroach on the other’s territory, leading to claims of activism being bandied about. Thankfully, the custodian of the Constitution, the Supreme Court, steps in when the situation demands it most adroitly.
PC: Live Law
- As you are aware, the razing of buildings by the state government machinery is occurring at an alarming regularity despite the Supreme Court passing strictures to follow guidelines and by offering a fair chance for the individual concerned an opportunity to narrate the other side of the story. Disturbingly, a few states are violating the SC ruling on demolitions with great aplomb. The top court must take a Suo Moto notice of the same. Recently, Nagpur Municipal Corporation demolished the house of a key accused of the communal violence that rocked the city on March 17. On March 20, surveyors declared the accused’s premises illegal. Bulldozers razed it on March 24 – in complete violation of the SC Nove 2024 order.
PC: Live Law
- The order laid out binding directives on razing buildings, including unauthorized constructions, applicable pan-India. There is nothing ambiguous in that SC order. It said – no demolition should be carried out without prior show cause notice returnable either in accordance with the time provided by local municipal laws or within 15 days’ time from the date of service of such notice, whichever is later. It’s just been a week since the Nagpur violence, and the building was razed within four days of being declared illegal. Bombay HC’s Nagpur bench ordered a stay late Monday on the demolition of another accused’s property, calling the authority’s action high-handedness. Alas, it was too late for the two-storey building razed hours ago.
PC: Deccan Herald
- Further, the SC issued a notice to Malvan authorities on a plea that the Maharashtra municipal body had violated the SC’s Nov 2024 order. The Malvan demolition of a scrap dealer’s shop came after locals harassed his son and family for backing Team Pakistan in a Champions Trophy match on Feb 23.SC has given Malvan four weeks to respond – too long, it may be argued. For, SC itself had noted the lawlessness of such insta-justice in its Nov order, in response to pleas of arbitrary state action of razing structures, witnessed in UP, MP, Rajasthan, Assam, Gujarat, Jharkhand, and Delhi. The SC should initiate suitable measures for violating the orders and set a precedent establishing the rule of the law of the land. Bulldozing simply cannot happen extrajudiciously.
