Underlining the principle of ‘Separation of Power’, SC used extraordinary powers under Article 142 to issue these guidelines.
- However, these guidelines and protection do not extend to encroachments into public land or unauthorized structures.
Concerns regarding illegal demolition of private property
- Against Principle of Natural justice, Due process of law and Rule of Law: in case of demolition of house by state based on mere accusation
- Violation of Fundamental Right: E.g. ‘Right to Shelter’ under Article 21
Supreme Court Guidelines
- Prior Notice: demolition should be served to house owner by registered post with details of the nature of the unauthorized construction, details of specific violations, etc.
- In case of unauthorized construction, a 15 days’ notice must be given to the residents to remove the unauthorized construction or to find another place to live in.
- Opportunity of Personal Hearing must be given to the accused by the designated authority.
- Personal Liability of Officials for violation of the Court’s order.
- Videography and Due Report: Demolitions must be recorded on video and be produced as evidence in case of challenge to its legality. A report on actual demolition must also be placed before the Municipal Commissioner.
Separation of Power
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