Supreme Court Rules Against Property Demolition Over Family Member's Alleged Crime

The Supreme Court ruled today that claimed involvement in a crime is no reason to demolish a legally constructed property, and the Court cannot ignore such demolition threats in a law-abiding nation. "In a country where state actions are guided by the rule of law, a family member's violation cannot be used to take action against other family members or their legally established residence. Alleged criminal participation is not enough to justify the demolition of a property. Furthermore, the purported crime must be proven in a court of law. Such demolition threats cannot be ignored by the Court in a country where the rule of law reigns supreme. Otherwise, such activities could be perceived as running a bulldozer over the laws of the land”, the Court observed.

A man filed a case against the possibility of his family house being demolished by municipal officials because a family member may have committed a crime. A bench made up of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti issued a notice that was returnable in four weeks. The petitioner's property will remain in the same state pending the issuance of new orders, as per the Court's directive.

On September 1, 2024, a family member of the petitioner was the subject of a formal complaint. The petitioner claimed that after this, the city officials threatened to demolish her home. So he went to the Supreme Court. Senior petitioner lawyer Iqbal Syed drew attention to a recent Supreme Court ruling that said similar demolition threats will be met with a national response.
The petitioner is a co-owner of the land in Village Kathlal, Kheda District, according to revenue records given by Syed. He also mentioned a resolution passed on August 21, 2004, by the Kathlal Gram Panchayat, approving the building of residential homes on the property.

According to the petitioner, his family has lived in these homes for about 20 years. Syed informed the court that on September 6, 2024, the petitioner had filed a complaint with the Deputy SP, Nadiad, Kheda District, under Section 333 of the Bharatiya Nyaya Sanhita, 2023. In the lawsuit, the petitioner said that although the law should proceed against the accused, the petitioner's lawfully
built and occupied homes should not be threatened or destroyed.

Such threats of demolition are against the rule of law, the Supreme Court emphasized, and any alleged criminal activity must be dealt with through the proper judicial channels. Concerns regarding the demolishing of properties based on criminal accusations has recently been voiced by another bench
of the Supreme Court. A bench of Justices BR Gavai and KV Viswanathan stated on September 2, 2024, in a series of petitions contesting 'bulldozer actions' that the Court is
thinking about creating national rules to deal with the problem of government-ordered home demolitions as a form of punishment.

Author:
Aarya Kadam (News Writer) is a final-year BBA student and a creative writer with a passion for current affairs and legal Judgments.