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Supreme Court’s ban on bulldozer action: Said- there should be no demolition without our permission; Center said- do not tie our hands, Court said- the sky will not fall

The Supreme Court on Tuesday has banned bulldozer action till October 1. The court said that not a single bulldozer action should be taken in the country till the next hearing.

The court said that we should make it clear that this order does not include illegal encroachment on roads, footpaths and railway lines.

The Center questioned this order. Solicitor General Tushar Mehta said that the hands of constitutional institutions cannot be tied like this.

On this, the bench of Justice BR Gavai and Justice KV Vishwanathan said- If the action is stopped for two weeks, the sky will not fall. You stop it, what will happen in 15 days?

court room live…

Jamiat-e-Ulema-e-Hind: Vandalism is taking place every day.

Central Government: Notices were issued in 2022 and action was taken thereafter. Meanwhile crimes took place.

Supreme Court: Why is there so much hurry in taking action in 2024, the notices were issued in 2022.

Supreme Court: Let me make it clear that no demolition should take place without our permission till the next date. This order does not include illegal encroachments on roads, railway lines, government footpaths.

Central Government: An impression is being created.

Supreme Court: We are not affected by external noise. Right now we are not going to the point that action is being taken against which community. If there is even one illegal bulldozer action, then it is against the Constitution.

Supreme Court: We are not influenced by perceptions. We are making it clear that we will not interfere in any illegal encroachment, but officials cannot become judges.

Central Government: The petitioners are saying that sabotage is being carried out against a particular religion.

Supreme Court: Our aim right now is to organise the demolition process.

Central Government: Those against whom action has been taken did not even come to the court. They know that the construction is illegal.

Jamiat-e-Ulema-e-Hind: Despite this court order, some incidents of stone pelting took place and houses were demolished the same night. This is happening every day.

Central Government: There is a case from MP. Where 70 shops were demolished, out of which 50 shops belonged to Hindus.

Supreme Court: We will hear this case on October 1, till then there should not be any vandalism in the country.

Central Government: The hands of constitutional institutions should not be tied like this.

Supreme Court: If no action is taken in 2 weeks, the sky will not fall. You should stop your hands. What will happen in 15 days? 

On September 12, the Supreme Court said – Bulldozer action is like running a bulldozer on the laws. The Supreme Court had also said on September 12 that bulldozer action is like running a bulldozer on the laws of the country. The case was in the bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti. Actually, a family was threatened with bulldozer action by the municipality in Gujarat. The petitioner is the co-owner of a land in Kathlal of Kheda district.

On September 2, the court had said – No protection to encroachment During the hearing, the court had said that even if someone is guilty, this cannot be done without following the legal process. However, the bench had also clarified that it will not protect encroachment on public roads in any way. But, the parties related to this matter should give suggestions. We can issue guidelines for the entire country. 

Three states where bulldozer action took place in the last 3 months

  • August 2024: Action against accused of stone pelting on police in Chhatarpur, Madhya Pradesh Within 24 hours of stone pelting on Kotwali police station in Chhatarpur, Madhya Pradesh on August 21, the government demolished a three-storey mansion worth Rs 20 crore built in 20 thousand square feet. Even when his mansion was being demolished, no member of his family was present here. According to the FIR, the four brothers had instigated the mob to attack the police.
On August 24, the bungalow of Haji Shahzad Ali, accused in the stone pelting case on police in Chhatarpur, Madhya Pradesh, was demolished with a bulldozer.
On August 24, the bungalow of Haji Shahzad Ali, accused in the stone pelting case on police in Chhatarpur, Madhya Pradesh, was demolished with a bulldozer.
  • August 2024: Bulldozers run on the house of the accused after stabbing in Udaipur, Rajasthan. A student studying in class 10 in a government school in Udaipur stabbed another and injured him. After this, there were arson and violent protests in the entire city. On August 17, bulldozer action was taken on the house of the accused student. Earlier, on the instructions of the government, the Forest Department had given a notice to the accused’s father Salim Sheikh to vacate the house built in an illegal colony.
On August 17, in Udaipur, Rajasthan, a bulldozer action was taken on the house of Salim, the father of the stabbing accused.
On August 17, in Udaipur, Rajasthan, a bulldozer action was taken on the house of Salim, the father of the stabbing accused.
  • June 2024: 6 properties of 2 accused demolished in Moradabad and Ballia of Uttar Pradesh. In Moradabad, a bulldozer was run on the house of the person who tried to kidnap a married woman. The accused shot the parents and brother of the woman who opposed the kidnapping. At the same time, the hotel of hotel owner Zeeshan, who beat a young man to death in a dispute over roti in Bareilly, was razed to the ground. Sunny’s birthday was on June 26. Sunny had ordered 150 rotis from Mashal Hotel owner Zeeshan. Zeeshan gave only 50 rotis and refused to give 100 rotis. When the dispute escalated, Zeeshan along with his companions beat Sunny to death.
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