Supreme Court (SC) issues Pan-India guidelines to halt illegal demolition of private property | Current Affairs | Vision IAS
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    Supreme Court (SC) issues Pan-India guidelines to halt illegal demolition of private property

    Posted 14 Nov 2024

    2 min read

    Underlining the principle of ‘Separation of Power’, SC used extraordinary powers under Article 142 to issue these guidelines.

    • However, these guidelines and protection do not extend to encroachments into public land or unauthorized structures.

    Concerns regarding illegal demolition of private property 

    • Against Principle of Natural justice,  Due process of law and Rule of Law: in case of demolition of house by state based on mere accusation
    • Violation of Fundamental Right: E.g. ‘Right to Shelter’ under Article 21 

    Supreme Court Guidelines

    • Prior Notice: demolition should be served to house owner by registered post with details of the nature of the unauthorized construction, details of specific violations, etc.
      • In case of unauthorized construction, a 15 days’ notice must be given to the residents to remove the unauthorized construction or to find another place to live in.
    • Opportunity of Personal Hearing must be given to the accused by the designated authority.
    • Personal Liability of Officials for violation of the Court’s order.
    • Videography and Due Report: Demolitions must be recorded on video and be produced as evidence in case of challenge to its legality. A report on actual demolition must also be placed before the Municipal Commissioner.

    Separation of Power

    • As per French Jurist Montesquieu, ‘Separation of Power’ means that ” The three organs of the Government i.e., Legislative, Executive and Judiciary should work independently and there should be no overlap between the powers of these organs”. 
    • USA follows strict separation of power, however it is not that strict in India as executive is derived from legislative.
    • Tags :
    • Article 142
    • Separation of Power
    • Bulldozer Justice
    • Demolition of Property
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