Don’t Want To Open Pandora’s Box, Let Those Affected By Demolition Come To Court: SC

New Delhi [India]: The Supreme Court on Thursday said that it doesn’t want to open “Pandora’s box” as it refused to entertain the plea by a petitioner who is directly or indirectly affected by the alleged demolition drive.

A bench of Justices B R Gavai, PK Mishra, and KV Viswanathan refused to entertain a petition by the NGO National Federation of Indian Women (NFIW). The top court observed that the petitioner was neither directly or indirectly affected by the alleged acts.

However, NFIW counsel argued that after the top court paused the bulldozer action, three incidents took place in different states, Uttar Pradesh, Uttarakhand, and Rajasthan without permission and it is in violation of the top court’s order. But the court was not convinced by the petitioner’s submission observing that the petitioner was not affected by the alleged acts.

On October 1, the top court extended its stay on bulldozer action without permission as it reserved an order on the issue of framing Pan-India guidelines relating to the demolition drive. On Oct 1, the Supreme Court also extended an interim order for not demolishing any property without permission, till further orders. However, the interim order will not apply to any unauthorized constructions including religious structures on roads, and footpaths among others.

Supreme Court had remarked that public safety is paramount and whether it be a temple, dargah, or gurudwara in the middle of the road it has to go as it cannot obstruct the public.

The top court had said that it is only concerned about misuse of the municipal laws. The Supreme Court also expressed concern on the issue that if there are two structures in violation and action is taken only against one and later one finds a criminal background soon after also said that there has a to be law for unauthorized constructions and it is not dependent on religion or faith or beliefs.

On September 17, the top court ordered that across the country, no demolition of property would take place without the permission of the court till October 1, the next date of hearing but clarified this order would not apply to any unauthorized construction of public roads, and footpaths, among others. The top court extended its interim order on Thursday.

The top court has also said that if there is any unauthorized even if it is the temple, mosques, mosques, or any, religious structures on public roads, foo, paths, and railway lines then the order of pausing demolition will not apply. It also heard various petitions relating to bulldozer practices by the authorities to demolish immovable properties. One of the applications filed recently said that the increasing culture of illegal demolitions in the country turning extra-legal punishment by the State into a norm and minorities and marginalized communities have been increasingly victimized by using extra-legal demolitions as a tool of punishment and creating a harrowing precedent for people in general and the members of the minority communities in particular.