The Supreme Court on Monday said a structure cannot be demolished even if one or all occupants of the house have been convicted or found guilty in a case.
The top court’s observation came while it was hearing a batch of pleas challenging the bulldozer action against accused individuals in various cases.
“How can a demolition take place even if someone is accused?” the court asked.
“The property cannot be demolished even if a person is convicted,” it said.
The court also said that it proposes to lay down guidelines on the issue.
“Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” a bench of Justices BR Gavai and KV Viswanathan said on pleas against demolition action.
However, the court made it clear that it would not protect any unauthorised constructions.
The bench also asked the parties to submit draft suggestions which can be considered by the court to frame the pan-India guidelines.
“Let us try to resolve the issue on pan-India basis,” the bench said while posting the matter after two weeks.
“We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised are taken care of,” the bench said.
It posted the matter for hearing on September 17.
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