The interim stay on bulldozer action will continue… Supreme Court reserved the decision

The Supreme Court heard the matter of interim stay on bulldozer action across the country. Meanwhile, the Supreme Court has reserved its decision on bulldozer action. It said that there is no ban on removing illegal occupation and encroachment. The interim ban on bulldozer action will continue. In its decision, it will issue guidelines to bring uniformity on bulldozer action at the national level. It also said that religious places should not come in the way of action against occupation. This court has already given its decision on this issue.

The case is being heard by a bench of Justices BR Gavai and KV Vishwanathan of the apex court. In the last hearing too, the Supreme Court had stayed the bulldozer action till October 1. Solicitor General Tushar Mehta appeared in the Supreme Court on behalf of the governments of three states - UP, Madhya Pradesh and Rajasthan.

During the hearing, Justice Gavai said that we have made it clear, if there is a public road, water body, railway line then steps can be taken. We are a secular country. This will be for the whole country. The SG said that I am not on Hindu-Muslim. Take a real case. The lawyer of the UN Special Rapporteur mentioned the intervention application, which the Supreme Court refused to consider.

The SG said that someone has filed a petition before the NGT that forest land is under illegal encroachment. A few examples of bulldozers cannot help in making laws, due to which the whole country is suffering. Justice Gavai said that there should be a valid service of notice. This notice will be pasted through registered medium. There should be a digital record. The officers will also be safe. We have enough experts. Justice Gavai said that we will clarify that demolition cannot be done only because someone is accused or guilty. Apart from this, also consider that there should be a narrow path even before the order of bulldozer action is passed. Justice Gavai said that when I was in the Bombay High Court, I myself had directed to demolish unauthorized construction on the footpaths.

Will give strict instructions to the courts- Supreme Court

The Supreme Court said that we will instruct the courts to be cautious while dealing with unauthorized construction cases. Justice Vishwanathan said that the number of demolitions in the last few years is around 4.5 lakh, to which the SG said that this is my real concern. This is just 2 percent of the cases. Justice Vishwanathan said that it is not a few or 2 percent, it appears that the demolition figure is between 4.5 lakh. This is a consistent figure given about the last few years.

The SG said that the petitioners are suggesting that witnesses should be present when the notice is pasted. On this, Justice Gavai said that if the pasting can be fabricated, then two witnesses can also be fabricated.

We are a secular country, the instructions will be applicable across the country- Supreme Court

Petitioner's lawyer CU Singh referred to the bulldozer action in Gujarat and said that demolition has taken place even after the Supreme Court's order. Houses of 28 people have been demolished. On this, Justice Vishwanathan said that we will also come to this matter. The SG told the Supreme Court that whatever decision is taken, please keep in mind the builders and systematic unauthorized encroachers. Some people have been wronged, as alleged by the petitioners. Justice Gavai said that we are a secular country.

The instructions will be applicable across the country. We will ensure that our order does not help the encroachers.

In the last hearing, the Supreme Court had said that bulldozer action should not be taken without the permission of the court. It had clarified that if any unauthorized construction takes place on public road, footpath, railway line, water body etc., then the government can take action, then this order will not be applicable.