HomeNEWSINDIASC dismisses NGO's plea for punitive demolition

SC dismisses NGO’s plea for punitive demolition

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

The Supreme Court declined to hear a plea by the NGO National Federation of Indian Women, which alleged that remunerative, municipal and punitive demolitions by states like Uttar Pradesh, Uttarakhand and Rajasthan continued in contempt of Supreme Court stay order in September.

A three-judge bench headed by Justice BR Gavai took exception to the fact that the NGO was a third party which was neither directly nor indirectly affected by the demolition.

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“Let those who suffered from the demolitions come to us. You are a third party. We don’t want to open Pandora’s box by looking into this at the request of a third party,” Justice Gawai addressed lawyer Nizam Pasha, who is representing the NGO in court.

Justice Gavai said the court will take care if someone’s structure is demolished by the state despite the court’s order demolition of private buildings remains illegal. The court called it a “bulldozer culture.”

Ms Pasha said the September suspension order applied directly to the demolitions in question, as the demolished buildings did not fall under any exemptions. The court made it clear that its stay would not apply to unauthorized structures on public roads, streets, footpaths, those bordering railway lines or in public places like water bodies.

The lawyer said many of those affected by the demolition had no access to courts. Either they were in prison or their lives were destroyed by the demolition.

“Please don’t say that. They can get their family members or even public-spirited people from their neighborhood to come here… We will be entertained if someone really concerned approaches us,” Justice Gavai replied.

The court froze illegal bulldozing across the country, while drawing attention to reports of “glorification, glorification and even justification” for the demolition of private homes and properties of defendants and their immediate family members.

The court noted that the authorities would not be allowed to violate the laws of the land. The Supreme Court has decided to frame guidelines against illegal demolition by authorities.

NIRMAL NEWS – SOURCE

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