SC declines plea by NGO on punitive demolitions

A bulldozer being used to demolish alleged illegal construction belonging to Naseeb Choudhary, who is accused of knife attack on RSS members, in Jaipur, on October 20, 2024.
| Photo Credit: PTI

The Supreme Court has refused to entertain a plea by NGO National Federation of Indian Women alleging that retributive, communal and punitive demolitions by States like Uttar Pradesh, Uttarakhand and Rajasthan continue in contempt of the apex court’s stay order in September.

A three-judge Bench headed by Justice B.R. Gavai took exception to the fact that the NGO was a third party which was neither directly nor indirectly affected by the demolitions.

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“Let those who have suffered by the demolitions come to us. You are a third party. We do not want to open a Pandora’s box by entertaining this at the instance of a third party,” Justice Gavai addressed advocate Nizam Pasha, who represented the NGO in court.

Justice Gavai said the court would take care of it if somebody’s structure was pulled down by the State in spite of the court’s order staying illegal razing of private buildings. The court had called it the “bulldozer culture”.

Ms. Pasha said the stay order in September had squarely applied to the demolitions in question as the razed buildings did not come within the ambit of any exemptions. The court had made it clear that its stay would not apply to unauthorised structures on public roads, streets, footpaths, those abutting railway lines or on public places like water bodies.

The lawyer said many of those affected by the demolitions were unable to access courts. They were either in jail or their lives were dismantled by the demolitions.

“Please do not say that. They can have their family members or even public-spirited persons from their neighbourhood come here… We will entertain if somebody genuinely concerned approaches us,” Justice Gavai responded.

The court had frozen illegal bulldozer demolitions across the country while drawing attention to reports of “glorification, grandstanding and even justifications” about the razing of private homes and properties of undertrials and their immediate family members.

The court had observed that authorities would not be permitted to bulldoze the laws of the land. The apex court has decided to frame guidelines against illegal demolitions by authorities.