SC trashes PIL seeking recovery of cost of bulldozed houses
New Delhi, Oct 14 : The Supreme Court on Monday refused to entertain a public interest litigation (PIL) seeking direction to recover, from administrative authorities, the costs of bulldozed houses of individuals accused of criminal activities, riots, or other offences.
A bench, headed by Justice B.R. Gavai, said that the issue stood closed as it had already reserved its decision on laying down pan-India directives governing demolitions.
"Either you withdraw it, or we will reject it," added the Bench, also comprising Justice P.K. Mishra.
Sensing the disclination of the top court to entertain the matter, the petitioner's counsel chose to withdraw the plea.
The PIL sought direction to make it mandatory to obtain permission from the jurisdictional District Judge before the start of the demolition process of any house, jhuggi or colony, apart from serving notice on the alleged unauthorised or illegal occupant.
"After UP, now bulldozers started running in MP also, houses of Raisen clash accused were demolished. For the first time in Raisen, on the orders of the Madhya Pradesh state government, the district administration took immediate action and used bulldozers on the houses and shops built under the encroachment of those accused of spreading communal violence,” the plea said.
Further, it sought direction to publish a list of demolished houses district- and state-wise, along with names of DM, SDM, and SP/DCP concerned.
The Supreme Court, in an interim order passed on September 17, directed that no demolition will take place anywhere across the country except without its permission after several petitions were filed before the apex court alleging that bulldozer action was taken by various state authorities without sufficient notice.
However, the top court clarified that its "order would not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a court".
Recently, the Supreme Court refused to pass any stay quo order in relation to demolitions being carried out near the famous Somnath temple but gave a strongly worded message to Gujarat authorities. It said that if demolitions were carried out in the teeth of its September 17 order, it would not hesitate to "send authorities to jail and ask them to restore the position as it was". "If we find the authorities in contempt of our order, not only we will send them to jail, but we will ask them to restore the position as it was. We have made it clear that if they are in contempt, we will pass a status quo ante order," the SC said.