Historic: Supreme Court caps "illegal" demolition of properties

Invoked extraordinary powers under Article 142 of the Constitution

IH News Desk

NATIONAL, November 13, 2024: The Supreme Court Wednesday issued guidelines on the demolition or bulldozing of properties stating that affected people need time to challenge demolition orders before an appropriate forum.

The court, using its extraordinary powers under Article 142 of the Constitution, stated that no demolition should be carried out without a prior show-cause notice returnable within 15 days from the date of service.

However, the guidelines will not apply to unauthorised structures in public places such as roads, footpaths, railway lines, rivers or water bodies or where a court order for demolition has been made.

The apex court strictly ordered that the notice must be served by registered post and affixed conspicuously on the outer portion of the structure. To prevent backdating, intimation should be sent to the collector or district magistrate's office digitally by email.

An auto-generated reply acknowledging receipt of mail should also be issued. The order said all state governments and authorities of the Union Territories should comply with the order and violation would be punishable.

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