The Supreme Court on Tuesday stayed demolitions of illegal constructions across the country till October 1.

The court, however, clarified that the restraining order would not apply to illegal properties constructed on public streets, footpaths and railway properties, among other such places, as it decided to frame nationwide guidelines on the issue in the wake of rising incidents of authorities using bulldozers to demolish allegedly illegal properties.

A bench of Justice B.R. Gavai and Justice K.V. Viswanathan passed the interim order after solicitor-general Tushar Mehta had a bitter exchange with the court, claiming that it was apparently being influenced by a false narrative.

“Outside noise is not influencing us. We won’t get into the question of which community...at this point. Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” Justice Viswanathan observed.

The court also clarified that it will be issuing “directives” and not “guidelines” to prevent demolitions of illegal properties on the lines of the Visakha judgment wherein the court had laid down the law mandating setting up of internal complaints committee at all public and private workplaces to prevent sexual harassment of women.

The court took exception to a particular minister justifying the demolitions using bulldozers and that such action would continue even after the Supreme Court’s last order of September 2 wherein it had expressed strong reservations over using these tactics as it was against the Constitution.

“After the order, there have been statements that bulldozers will continue... that it all depends on whose hands the steering is…. After September 2, there has been glorification and grandstanding. Should this happen in our country? Should the Election Commission be noticed? We will formulate directives,” the bench remarked.

The bench passed the orders and made the observations while dealing with a batch of petitions challenging the growing trend of authorities to use bulldozers to demolish properties of alleged criminals.

On Tuesday, senior advocate Chander Uday Singh, appearing for one of the aggrieved parties, complained that despite repeated directions from the court, the authorities continued to demolish properties of several individuals for their alleged criminal activities.

Heading the bench, Justice Gavai pointed out to Mehta, representing the Centre and the UP government, that in a particular case the notice was issued in 2022 but the authorities chose to demolish the property in 2024.

“Why hurriedly demolish in 2024 when notices were issued in 2022?” Justice Gavai asked.

Mehta said notices were issued in 2022 and thereafter some actions were taken.

“Let me clarify that ours will be directives. They are being called guidelines. Till the next date, there should be a stay on demolition without leave of court,” Justice Viswanathan told Mehta during the hearing.

When Mehta submitted that a false narrative was being spread outside the court, Justice Gavai said: “Such narratives are not influencing us. We made it clear we
won’t come between unauthorised construction, but you must know the executive can’t be a judge. The only object is to streamline demolition actions.”

When Mehta tried to persuade the court from passing any stay on such demolitions, the bench orally remarked: “Heavens are not going to fall in the next 15 days… stay your hands. What will happen in 15 days?” Later the court passed a written order saying: “…Re-list the matter on October 1...”