Lucknow (Uttar Pradesh) [India], October 1 (ANI): Uttar Pradesh Deputy Chief Minister Brajesh Pathak on Tuesday said that the State government respects the Supreme Court’s decision extending an interim order for not demolishing any property without permission, and said they will implement the order with responsibility.
Earlier today the Supreme Court reserved order on the issue of framing pan-India guidelines relating to demolition drives and extended its interim order, pausing bulldozer practice without permission till further order.
“We respect the decision of the honourable court…Whatever the court says, we will implement it. It is our responsibility,” Pathak said.
Uttar Pradesh Minister Dharampal Singh said, “We cannot interfere in the decision of the court. It must be respected.”
A bench of Justices BR Gavai and KV Vishwanathan reserved the order after hearing the matter for a length.
The Supreme Court also extended interim order for not demolishing any property without permission till further orders.
However, the interim order will not apply to any unauthorised constructions, including religious structures on roads, footpaths, among others.
Supreme Court remarked that public safety is paramount and whether it be temple, dargah or gurudwara in the middle of road it has to go as it cannot obstruct public
The top court during the hearing said that India is a secular country and clarified that it will issue directions for pan India which apply for all religions.
The court made it clear that demolition can’t be conducted merely on the ground that the person is accused or convicted.
The top court 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 the criminal background soon after.
SC also said that there has to be law for unauthorised constructions, and it is not dependent on religion or faith or beliefs.
When the hearing begins, Solicitor General Tushar Mehta informed the SC that he has certain suggestions on pan-india guidelines on demolition drives. SG Tushar Mehta said the person alleged to be part of an offence cannot be ground for demolition.
The court sought to know if the person is convicted, will it be a ground for demolition of property. SG Mehta replied to SC no absolutely not and even for heinous crimes
The court remarked that there will be different laws for municipal corporations, nagar panchayats and suggested an online portal for awareness.
Senior Advocate CU Singh for petitioner said that in Gujarat, 28 homes were demolished on 9th September. To which the top court remarked that only debate is now on the post order period.
SG Tushar Mehta said in Madhya Pradesh, many encroached property that belong to Hindu were demolished. SC said that it is not encouraging encroachments.
Senior Advocate CU Singh for petitioners took court through the statements made by high constitutional authorities, which state that they will use bulldozers as a measure of crime fighting.
Senior Advocate CU Singh further said that people are fighting elections on this basis and it has become a tool. (ANI)
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