The ruling by a bench comprising justices Bhushan R Gavai and KV Viswanathan, and authored by the former, quoted Hindi poet Pradeep (famous for authoring Aye Mere Watan Ke Logon) "To have one's own home, one's own courtyard this dream lives in every heart.
It's a longing that never fades, to never lose the dream of a home" as it underlined the right to shelter as a fundamental part of the Indian Constitution, mandating strict procedural safeguards and highlighting that the executive cannot bypass the judicial process by demolishing properties linked to people alleged to have committed a crime.
"The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where 'might was right'. In our Constitution, which rests on the foundation of 'the rule of law', such high-handed and arbitrary actions have no place," stated the judgment, warning that arbitrary executive actions would be subject to judicial scrutiny and penalties.
The ruling comes amid rising public concern over demolitions allegedly targeting specific groups and communities without following due process.
"When a particular structure is chosen for demolition, and the rest of the similarly situated structures are not even being touched, mala fide may loom large," it observed. This selective targeting, the bench maintained, could serve as an unconstitutional penalty rather than a legal enforcement of municipal codes.
By clarifying that the court directives will not apply to unauthorised constructions on public lands, such as roads, footpaths, and water bodies, or to demolitions ordered by a court of law, the Supreme Court sought to strike a balance between enforcing land use laws and safeguarding civil rights, while making it clear that the State must respect citizens' constitutional protections.
Bu hikaye Hindustan Times dergisinin November 14, 2024 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber ? Giriş Yap
Bu hikaye Hindustan Times dergisinin November 14, 2024 sayısından alınmıştır.
Start your 7-day Magzter GOLD free trial to access thousands of curated premium stories, and 9,000+ magazines and newspapers.
Already a subscriber? Giriş Yap
Bitcoin Bonanza? Don't Overlook Tax And Reporting
Bitcoin has surpassed its all-time high each day for the past week. On Wednesday, the token's price peaked at about $89,828, a 112% year-to-date surge.
Mahayuti to pick CM after polls through a democratic process'
The Mahayuti is headed towards a strong showing in the upcoming Maharashtra assembly elections and the winning lawmakers will sit together and take a decision on the chief minister's position in a democratic process, deputy chief minister Ajit Pawar said on Wednesday.
Top court cracks down on bulldozer justice by states
Describing a house as \"an embodiment of the collective hopes of a family or individuals' stability and security\", the Supreme Court on Wednesday laid down nationwide guidelines to curb arbitrary demolitions by state authorities, marking a significant moment in the battle against what has come to be known as \"bulldozer justice\"-- the practice of razing the properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.
Batting time: Preparations in lockdown mode for India
All-out attack failed against New Zealand, and Aussie opener Usman Khawaja seems to have a point
Number of crorepati taxpayers surges 323% in 10 yrs
The number of taxpayers with 1 crore plus gross annual income surged 323% to 350,129 in 2023-24 from 82,836 in 2013-14 while the number of income-tax assesses saw a 120% jump in last one decade to 79,212,146, signifying the government's policy nudge to deepen and widen the tax base while shielding the middle class, according government officials aware of the matter.
WHOLESALE PV SALES SLOW IN OCTOBER DESPITE FESTIVE DEMAND
India's wholesale passenger vehicle sales grew marginally year-on-year to 393,000 units in October despite two major festivals celebrated during the month.
Fox News host picked as US def chief
President-elect Donald Trump has said that the new secretary of defence Pete Hegseth is a true believer in America First approach
Biden meets Trump, promises smooth transition of power
Donald Trump left White House on January 20, 2021, as a bitter man angry at the 2020 election results that he continued to reject, as an isolated man whose own party sought to distance itself from Trump after the mob insurrection on US Capitol, as a politician whose political obituary was being widely written in Washington DC and beyond, and as a president who had broken the tradition of peaceful transfer of power.
COP29: Developing nations start work on new climate finance text
After developing countries rejected the first draft on the new collective quantified goal (NCQG), on Tuesday, co-chairs of the programme on NCQG at the COP 29 climate talks in Baku released another iteration, on Wednesday morning that runs into 34 pages.
Cautious rebuilding of Delhi-Kabul ties
The Taliban's appointment of a consul for the Afghan mission in Mumbai appears to be part of a nascent and cautious process of engagement between the two sides.