Alleged involvement in crime not grounds to demolish property, says Supreme Court

Alleged involvement in crime does not constitute grounds for demolishing property, the Supreme Court said on Thursday.

A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti said that such actions could be “seen as running a bulldozer over the laws of the land”.

The court was hearing a petition filed by a man named Javedali Mahebubmiya Saiyed from Gujarat’s Kheda district.

Saiyed claimed that municipal authorities threatened to demolish a house he co-owns because of a trespassing case that was filed against him on September 1. His counsel added that three generations of his family had been living in the house for over twenty years.

“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” the court said.

The bench noted that the alleged crime was yet to be proven through legal processes.

“The court cannot be oblivious to such demolition threats, inconceivable in a nation where law is supreme,” it said. “Otherwise such actions may be seen as running a bulldozer over the laws of the land.”

The court asked the Gujarat government to file a response within four weeks. It added that the property could not be...

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