Right To Shelter A Facet Of Article 21; State Must Satisfy Why Entire Property Needs To Be Demolished : Supreme Court
4 months, 2 weeks ago

Right To Shelter A Facet Of Article 21; State Must Satisfy Why Entire Property Needs To Be Demolished : Supreme Court

Live Law  

While laying down pan-India guidelines through its judgment in the 'bulldozer matter', the Supreme Court today observed that 'right to shelter' is a facet of 'right to life' enshrined under Article 21 of the Constitution. If the same is to be taken away by way of demolition, the State must satisfy itself that demolition is the only available option, as opposed to compounding or demolishing in part. The Court underscored that even if authorities are faced with unauthorized construction, demolition of entire property may not be the only option. "In such cases, the extreme step of demolition of the property/house property would, in our view, be disproportionate", the Court said.

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History of this topic

DC Edit | Nagpur & UP: Demolitions must not bulldoze the law
3 days, 15 hours ago

DC Edit | Nagpur & UP: Demolitions must not bulldoze the law

Deccan Chronicle  

Article 141 of the Constitution states that the law declared by the Supreme Court shall be binding on all courts within the territory of India. The court ordered that the corporation’s actions required legal scrutiny after the petitioners complained that the demolitions were arbitrary and in contravention of the Supreme Court guidelines. It was not long ago that the Supreme …

Something called Article 21: Supreme Court raps UP government for 2021 demolition
3 weeks, 2 days ago

Something called Article 21: Supreme Court raps UP government for 2021 demolition

India Today  

“There is something called Article 21 and the right to shelter,” the Supreme Court said on Wednesday while calling out the Uttar Pradesh Government for the demolition of structures situated in a compound at Lukerganj, Prayagraj, in 2021. The top court also pointed out that a coordinate bench of the Supreme Court had previously passed a judgment regarding bulldozer justice. …

Supreme Court Orders 15-Day Notice, Digital Trail for Property Demolitions; Officials Face Personal Liability
4 months, 1 week ago

Supreme Court Orders 15-Day Notice, Digital Trail for Property Demolitions; Officials Face Personal Liability

The Hindu  

Published : Nov 16, 2024 12:06 IST - 8 MINS READ In PIL hearings alleging discrimination and the government’s impunity, it is not unusual for the respondent authorities to claim they will adopt a non-adversarial role vis-a-vis the petitioner, and still deny the allegations. In such cases, where the authorities indulge into arbitrary pick and choose of the structures and …

Razing impunity: On bulldozer demolitions and the Supreme Court
4 months, 2 weeks ago

Razing impunity: On bulldozer demolitions and the Supreme Court

The Hindu  

Demolition of property as a punitive measure against alleged offenders amounts to wilful subversion of the rule of law. The Supreme Court of India has now ventured to put an end to this culture of impunity by laying down enforceable guidelines and directions to prevent demolition of homes and buildings without following due process. It also underpinned its order on …

DC Edit | End to bulldozer justice: Govts pulled up by SC
4 months, 2 weeks ago

DC Edit | End to bulldozer justice: Govts pulled up by SC

Deccan Chronicle  

It could perhaps be one of the harshest indictments of the executive by the judiciary when the Supreme Court on Wednesday ordered the government to call off the new-found practice of demolishing homes with bulldozers, delivering extra-judicial punishment to people accused of crimes. Unauthorised homes can be demolished but after following the due process for which the apex court has …

Demolition of house merely on person's criminal record amounts to collective punishment on family: SC
4 months, 2 weeks ago

Demolition of house merely on person's criminal record amounts to collective punishment on family: SC

Deccan Chronicle  

New Delhi: The demolition of a house solely because the person residing there is either an accused or convicted in a criminal case will amount to inflicting "collective punishment" on the entire family, the Supreme Court said on Wednesday. The apex court said when a particular structure is chosen all of a sudden for demolition and the rest of similarly …

India’s top court cracks down on use of bulldozers to demolish homes of crime suspects
4 months, 2 weeks ago

India’s top court cracks down on use of bulldozers to demolish homes of crime suspects

The Independent  

For free real time breaking news alerts sent straight to your inbox sign up to our breaking news emails Sign up to our free breaking news emails Sign up to our free breaking news emails SIGN UP I would like to be emailed about offers, events and updates from The Independent. The top court took a tough stance on “bulldozer …

Supreme Court on bulldozer action: ‘No demolition without following guidelines, 15-day notice’
Trending News
4 months, 2 weeks ago

Supreme Court on bulldozer action: ‘No demolition without following guidelines, 15-day notice’

Hindustan Times  

Bulldozer 'justice' hearing: The Supreme Court on Wednesday directed that no demolition should be carried out without prior 15-day notice to the owner of the property and without following the statutory guidelines. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said. The Supreme Court also extended an interim …

SC lays down pan-India guidelines for demolition of properties, says Executive can't replace Judiciary
4 months, 2 weeks ago

SC lays down pan-India guidelines for demolition of properties, says Executive can't replace Judiciary

New Indian Express  

Passing a slew of directions, the bench said, "No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of service of such notice, whichever is later". The Executive can't replace the Judiciary in performing its core function, …

Alleged involvement in crime not a ground for bulldozing private property: Supreme Court
6 months, 2 weeks ago

Alleged involvement in crime not a ground for bulldozing private property: Supreme Court

The Hindu  

The Supreme Court on Thursday said the allleged involvement of a person in a crime was not a ground for the demolition of his or her property. Read Editorial: ​Demolition squad: On the Supreme Court and ‘bulldozer justice’ The Bench told the government that the courts would not remain “oblivious to such demolition threats inconceivable in a nation where law …

Right To Shelter Can't Be Unconditionally Taken Away : How Supreme Court Stalled Unconstitutional Evictions In Haldwani
2 years, 2 months ago

Right To Shelter Can't Be Unconditionally Taken Away : How Supreme Court Stalled Unconstitutional Evictions In Haldwani

Live Law  

In India, the right to shelter has been one of the most controversial rights, because neither they are fully guaranteed nor the rehabilitation policies are very well implemented by the government. While upholding the importance of the right to a decent environment and a reasonable accommodation, the Supreme Court in Shantistar Builders v. Narayan Khimalal Totame 1 SCC 520, held …

Demolition Action Cannot Be Taken Against Allegedly Unauthorised Property Unless Owner/ Resident Is Given Adequate Opportunity Of Hearing: Delhi HC
2 years, 6 months ago

Demolition Action Cannot Be Taken Against Allegedly Unauthorised Property Unless Owner/ Resident Is Given Adequate Opportunity Of Hearing: Delhi HC

Live Law  

The Delhi High Court has observed that a property cannot be demolished on the ground that it is unauthorized, unless the owner or resident is given an adequate opportunity of hearing. "To my mind, there can be no question of demolishing any property on the ground that it is unauthorized, until and unless the person owning the property and/or in …

Can't allow unauthorised buildings to take even one innocent life: Bombay HC
2 years, 8 months ago

Can't allow unauthorised buildings to take even one innocent life: Bombay HC

Firstpost  

The bench asked Maharashtra government why a 1998 government resolution, which was still being implemented, restrained civic authorities from demolishing unauthorised structures during the monsoon season Mumbai: The Bombay High Court on Thursday said it will not allow unauthorised buildings to take the life of even one “innocent person”, while taking a serious note of the dangers posed by such …

Demolition drives may challenge the rule of law
2 years, 9 months ago

Demolition drives may challenge the rule of law

The Hindu  

Recent demolition drives in the aftermath of the Prophet remarks row may challenge certain basic tenets of law, including the right of a person to be heard first, and that the state can deprive a person of his or her property only after following due procedure and under the authority of a valid law as mandated under Article 300A of …

"No Person Has Right To Retain Encroached Land": Gujarat High Court Denies Relief To Evicted Slum Dwellers; Asks State To Frame Land Allotment Policies
4 years ago

"No Person Has Right To Retain Encroached Land": Gujarat High Court Denies Relief To Evicted Slum Dwellers; Asks State To Frame Land Allotment Policies

Live Law  

In a significant judgment touching upon the interplay of slum dwellers' right to shelter and menace of land encroachment, the Gujarat High Court has held, "Right to shelter is a fundamental right, which springs from the right to residence assured in Article 19 and right to life under Article 21 of the Constitution. While declining relief to the Petitioners in …

Karnataka HC Restrains Authorities From Demolition Of Temporary Sheds Alleging Occupants Are Illegal Bangladeshi Migrants [Read Petition]
5 years, 2 months ago

Karnataka HC Restrains Authorities From Demolition Of Temporary Sheds Alleging Occupants Are Illegal Bangladeshi Migrants [Read Petition]

Live Law  

The Karnataka High Court on Wednesday by way of interim relief restrained the Bruhat Bengaluru Mahanagara Palike and the Bengaluru police from evicting those living in sheds in areas of Kariyammana Agrahara, Devarabeesanahalli, Kundalahalli and Bellanduru. A division bench of Chief Justice Abhay Oka and Justice Hemant Chandangoudar while hearing a petition filed by People's Union For Civil Liberties, Karnataka …

Right To Shelter A Fundamental Right; State Has Constitutional Duty To Provide House Sites To Poor: Allahabad HC [Read Judgment]
5 years, 8 months ago

Right To Shelter A Fundamental Right; State Has Constitutional Duty To Provide House Sites To Poor: Allahabad HC [Read Judgment]

Live Law  

The Allahabad High Court has held that the right to shelter is a fundamental right and the State has a constitutional duty to provide house sites to the poor.Justice Surya Prakash Kesarwani observed thus while dismissing a 'PIL' seeking eviction of four individuals who allegedly encroached a public land. The Allahabad High Court has held that the right to shelter …

Ensure no death due to cold: SC directive to govt
13 years, 2 months ago

Ensure no death due to cold: SC directive to govt

Firstpost  

Observing that “our heart bleeds when we see homeless persons sleeping without roof in this winter,” the Supreme Court today directed the government to ensure that there are no deaths on account of the biting cold conditions in the country. “Our heart bleeds when we see homeless persons sleeping without roof in this winter. You can’t permit your own children …

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