‘Whether it is temple or dargah…’: Supreme Court on bulldozer action

The Supreme Court, in a landmark decision, emphasized that public safety takes precedence over religious structures encroaching on roads, water bodies, or rail tracks. The court reaffirmed India’s secular status, underscoring that its directives on bulldozer action and anti-encroachment drives will apply uniformly to all citizens, regardless of their faith.
The remarks were made by a two-judge bench, comprising of Justice BR Gavai and Justice KV Viswanathan, while hearing petitions challenging bulldozer action against criminals. “Whether it be temple, dargah, it has to go…public safety is paramount,” Justice Gavai said during the hearing.
The trend has become popular in several states who have now started demolishing structures linked to people accused of a crime. The practice has raised concerns about targeted demolitions against a particular community or religion.
Solicitor General Tushar Mehta, representing Uttar Pradesh, Gujarat, and Madhya Pradesh, clarified that being accused in a criminal case does not justify bulldozer action, even for severe crimes like rape or terrorism. Mehta emphasized the importance of prior notice, suggesting that it should be issued via registered post to ensure fairness.
While hearing a batch of pleas against bulldozer actions in various states, the Supreme Court on September 17 passed an interim order that no demolition of properties should take place in the country without its permission.
The apex court had then said that the order is not applicable to encroachments on public roads, footpaths, railway lines, or other public spaces.
The court had ordered states to stop bulldozer demolition across India until October 1 without its permission, and unless the demolitions are on public roads, water bodies, railway lines.
The apex court said it would formulate directives on when and how properties can be demolished under the municipal laws of the land.
Two revenue officers were beaten up in a UP village on Monday by villagers unhappy over some of the demolitions being carried out.
The incident took place in Ukhra village, where a team of district administration on Saturday razed several structures built on government land using bulldozers.