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SC on Illegal Property Demolitions
November 18 , 2024
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- The Supreme Court laid down a series of guidelines to ensure that due process is followed for demolishing the properties of citizens.
- The SC placed emphasis on transparency and giving the accused and their family sufficient time to handle their affairs.
- These guidelines will not apply to “an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also to cases where there is an order for demolition made by a Court of law”.
- The SC said a minimum of 15 days prior notice must be given for a person to respond to before demolition is carried out.
- These 15 days starting from the date that the owner or the occupier receives the notice.
- This notice must contain details of the structure, why it is being demolished, and a date for a “personal hearing” to allow owners to contest the demolition.
- The court has also held that violation of these guidelines could lead to contempt proceedings and along with compensation.
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