India News | Highlights of SC Verdict in Property Demolition Case
Get latest articles and stories on India at LatestLY. Following are highlights of the Supreme Court's Wednesday verdict laying down pan-India guidelines on demolition of properties:
New Delhi, Nov 13 (PTI) Following are highlights of the Supreme Court's Wednesday verdict laying down pan-India guidelines on demolition of properties:
* SC says if executive acts as judge and inflicts penalty of demolition on a citizen on grounds that he is an accused, it violates principle of 'separation of powers'
* SC says executive cannot become judge, decide that person accused is guilty and punish him by demolishing his property
* SC says executive cannot replace judiciary in performing its core functions
* SC says no demolition should be carried out without prior show cause notice, returnable either in accordance with time provided by local municipal laws or within 15 days from date of service of such notice, whichever is later
* SC says notice shall be served upon owner/occupier by registered post and, additionally, it shall also be affixed conspicuously on outer portion of structure in question
* SC says every municipal/local authority shall assign designated digital portal within three months from Wednesday wherein details regarding service/pasting of notice, reply, show cause notice and order passed thereon would be available
* SC says designated authority shall give opportunity of personal hearing to person concerned and thereafter pass final order
* SC says if statute provides for appellate opportunity and time for filing same or even if it does not so, order will not be implemented for 15 days from date of receipt thereof
* SC says opportunity should be given to owner/occupier to remove unauthorised construction or demolish it within 15 days
* SC says proceedings of demolition shall be video-graphed and video-recording duly preserved
* SC says authorities shall strictly comply with its directions and violation of any directive would lead to initiation of contempt proceedings in addition to prosecution
* SC says if demolition is found to be in violation of its orders, officers concerned will be held responsible for restitution of property at their personal cost in addition to payment of damages
* SC says all states shall issue circulars to district magistrates and local authorities, intimating them about directions issued by court.
(The above story is verified and authored by Press Trust of India (PTI) staff. PTI, India’s premier news agency, employs more than 400 journalists and 500 stringers to cover almost every district and small town in India.. The views appearing in the above post do not reflect the opinions of LatestLY)