The Supreme Court on Tuesday directed that no demolition in the country should take place without its permission.
The top court, however, clarified that the order won't be applicable to encroachments on public roads, footpaths, railway lines, and waterbodies.
A bench of Justice BR Gavai and KK Viswanathan passed the order after hearing a batch of pleas challenging bulldozer/demolition action undertaken by authorities in relation to the house of persons accused of crime.
The top court posted the next hearing for October 1.
"Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces," the Court ordered.
Meanwhile, Solicitor General Tushar Mehta raised objections to the court's order, saying that the hands of the statutory authorities cannot be tied like this.
But then top court refused to mitigate and said that "heavens won't fall" if the demolitions are stopped for a week. The SC observed that it has invoked its special powers under Article 142 of the Constitution to pass the direction.
"Even if there is one instance of illegal demolition, it is against ethos of Constitution," Justice Viswanathan said. To this, Justice Gavai added that the apex court has also made it clear that it won't come between unauthorised construction. "But the executive cannot be a judge," he said.
The directive comes a week after the apex court came down heavily on bulldozer action and had said that alleged involvement in a crime is no ground for demolition of properties.
A SC bench of Justice Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti was hearing a matter related to a Gujarat civic body and the threat to demolish the house of an accused in a criminal case.
They had observed that such demolition threats are inconceivable in a country where law is held to be supreme.
The apex court said that it cannot be oblivious to such actions which may be seen as "running a bulldozer over the laws of the land". It highlighted that an offence committed by one member of the family cannot invite action against other members or their legally-constructed home.
"In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property," the SC said.
