No interim SC order staying demolitions
New Delhi, Jul 13, 2022, IANS
New Delhi, Jul 13: The Supreme Court on Wednesday refused to pass an interim direction staying demolition of properties of accused involved in violent protests across various states.
The top court wondered how it could pass an omnibus order on demolitions if there is an illegal construction and the corporation or the council is authorised to take action.
"What omnibus directions can we issue... Nobody can dispute that the rule of law has to be followed. But can we pass an omnibus order? If we pass such an omnibus order, will we not prevent the authorities from taking action in accordance with law," a bench of Justices B R Gavai and P S Narasimha said.
The top court was hearing pleas filed by Muslim body Jamiat Ulama-i-Hind seeking directions to the Uttar Pradesh government and other states to ensure that no further demolition of properties of alleged accused in recent cases of violence is carried out.
The top court asked the parties to complete pleadings in the matter, and said it will hear the plea filed by the Jamiat Ulama-i-Hind against demolitions on August 10.
On June 16, the apex court had stated that "everything should be fair" and authorities should strictly follow the due procedure under the law while giving the Uttar Pradesh government and its authorities three days to respond to pleas which alleged that the houses of those accused in last week's violence were illegally demolished.
The Jamiat Ulama-i-Hind had said in its plea that no demolition of properties be carried out without following due process and such exercise is done only after adequate notice.
The Jamiat Ulama-i-Hind had earlier filed the plea on the issue of demolition of buildings in Jahangirpuri area of the national capital.
The fresh applications in the pending petition said that after the last hearing in the matter some new developments have taken place that requires the attention of this Court.