Supreme Court says properties can't be demolished merely because someone is accused or convict

The Supreme Court on Tuesday said that houses could not be demolished merely because somebody is an accused or convict. However, it added that it is not going to protect any unauthorised construction on public roads, government land.

The top court said will lay down guidelines for all citizens and not for any particular community on the issue of demolition of properties.

"Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions not for any particular community," a bench of Justices B R Gavai and K V Viswanathan said.


Observing that there can't be a different law for a particular religion, the bench said it will not protect any unauthorised constructions on public roads, government lands or forests.

"We will take care to ensure that our order does not help the encroachers on any of the public places," the bench said.

the had on September 17 said there will be no demolition of properties, including of those accused of crime, till October 1 without its permission.


It had observed that even one instance of illegal demolition was against the "ethos" of the Constitution.


The apex court had clarified that its order would not be applicable if there was an unauthorised structure in any public place such as roads, streets, footpaths, abutting railway lines or any water bodies and also to cases where there was an order for demolition made by a court of law.