Alleged Involvement In Crime Is No Ground For Demolition Of A Property: Supreme Court
|The Supreme Court observed that the alleged involvement of a person in a crime is not a ground for demolishing a property.
After an FIR was registered against a family member of the petitioner, the municipal authorities threatened to bulldoze the petitioner’s family home. The Court observed that a “transgression” by a family member cannot invite action against other members of the family or their legally constructed residence.
A Bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice S.V.N. Bhatti observed, “Alleged involvement in crime is no ground for demolition of a property. Moreover the alleged crime has to be proved through due legal process in a Court of law. The Court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise such actions may be seen as running a bulldozer over the laws of the land.”
Senior Advocate Iqbal Syed represented the petitioner.
The petitioner submitted the revenue records to point out that the petitioner was recorded as a co-owner of the said land. It was submitted that three generations of the petitioner’s family had been residing in the said houses for the last two decades.
The petitioner pointed out that a complaint was filed under Section 333 of the Bharatiya Nyaya Sanhita, 2023. This complaint, submitted to the Deputy Superintendent of Police (DSP) described making it clear that the law should take its course against the person accused of a crime.
It was argued that the Nagar Palika or others in the shadow of the Nagar Palika, should have no reason to either threaten or to take any steps such as using bulldozer, to demolish the legally constructed and legally occupied house/residence of the petitioner.
The Supreme Court stated, “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 remarked that the alleged crime has to be proved through due legal process in a Court of law and alleged involvement in crime was no ground for demolition of a property.
Consequently, the Court observed that it cannot be oblivious to such demolition threats in a nation where the “law is supreme,” otherwise, such actions may be seen as “running a bulldozer over the laws of the land.”
“In the meantime, status quo in respect of the petitioner’s property is to be maintained by all concerned,” the Court ordered.
Accordingly, the Supreme Court issued notice
Cause Title: Javedali Mahebubmiya Saiyed v. State Of Gujarat & Anr.
Appearance:
Petitioner: Senior Advocate Iqbal Syed; AOR Mohammad Aslam; Advocates Saroj Kumar Sinha, V. Bhandari, Amaan Syed and Vivek Kumar