New Delhi:Days after criticising "bulldozer justice", the Supreme Court on Thursday said alleged involvement in crime is no ground for demolition of property and stressed that it would be equivalent to running a bulldozer over the laws of the land.
A bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and S V N Bhatti, said: "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. 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," said the bench.
The apex court passed the order on a plea by Javedali Mahebubmiya Saiyed against the Gujarat government and Kathlal Nagarpalika. Senior advocate Iqbal Syed appeared for the petitioner before the top court.
The counsel referred to the revenue records of Village Kathlal in Kheda District to point out that the petitioner is recorded as a co-owner of the said land. The counsel also referred to the resolution passed on August 21, 2004, of the Kathlal gram panchayat, which granted permission to build residential house numbers 26 and 48, over the said land.
"It is then submitted that three generations of the petitioner’s family have been residing in the said houses for the last about two decades. Yet, when the FIR came to be registered on 01.09.2024 against one family member, the municipal authorities have threatened to bulldoze the petitioner's family home," noted the bench, in its order.