'Temple or mosques, they have to go': Indian SC on encroachment and bulldozer justice

The Supreme Court of India on Tuesday (Oct 1) said any religious structure, be it a temple or dargah (mosque), must go if it encroaches on roads or railway tracks, adding that public safety was paramount.

The apex court was hearing a batch of pleas alleging thatproperties, including of those accused of crime, were being demolished in several states.

"We are a secular country and our direction will be for all, irrespective of religion or community. If there is any religious structure in the middle of the road, be it gurudwara or dargah or temple, it cannot obstruct the public," the two-judge bench of Justice BR Gavai and Justice KV Viswanathan said.

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Justice Gavai declared that the court would not intervene in the case of encroachments into public lands, streets and roads. He clarifiedthat the SC has no intention to protect encroachments on public roads, streets, or footpaths.

The court has long maintained thatno property should be demolished without its approval, except in cases where the structures are illegal and located on public roads or footpaths.

It also extended its previous stay on demolitions and reserved the judgment. Last month, the court, issuing a stern warning to state government said thateven a single case of unlawful demolition goes against the principles of the Indian Constitution.

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Bulldozer justice

The case came to light after state governments across the country indulged in 'bulldozer justice' where properties belonging to people accused of crimes were destroyed even before they had gone through the legal system.

Justice Gavai made it clear that somebody being an accused or convict is no ground to demolish their home.

“We make it clear that there should be proper notice, chance of hearing in case somebody is found to be in violation of building laws,” he said.

Justice Viswanathan added that even in unauthorised structures, 10 to 15 days should be given for the occupants to find an alternative home.

The judge suggestedvideographing the demolition so that the jurisdictional court would later on know whether the measure was proportionate.

(With inputs from agencies)