Supreme Court: Allegation of Crime Not Grounds for Property Demolition

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India Tomorrow

NEW DELHI: On Thursday, the Supreme Court ruled that “alleged involvement in a crime does not justify the demolition of property” and emphasized that “such threats of demolition are inconceivable in a nation where the rule of law prevails.”

A three-judge bench, led by Justice Hirshikesh Roy and including Justices Sudhanshu Dhulia and S.V.N. Bhatti, made this statement while addressing a plea from a Gujarat resident. The resident alleged that municipal authorities had threatened to demolish his family home following an FIR against a family member on September 1, 2024.

The Court issued a notice on the plea and directed that the status quo regarding the petitioner’s property be maintained. Senior Advocate Iqbal Syed, representing the petitioner Javedali Mahebubmiya Saiyed, highlighted that the petitioner is listed as a co-owner of the land in question according to the revenue records of Village Kathlal, Kheda District.

Syed explained that on August 21, 2004, the Kathlal Gram Panchayat granted permission to build residential houses on this land. The petitioner’s family has been residing there for nearly two decades. Despite this, following the FIR against a family member on September 1, 2024, municipal authorities reportedly threatened to demolish the petitioner’s home.

Syed also noted that the petitioner had lodged a complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023, with the Deputy SP of Nadiad, Kheda District, on September 6, 2024. In the complaint, the petitioner requested that legal action be taken against the accused, but asserted that the Nagar Palika or its affiliates should not be allowed to threaten or demolish the petitioner’s legally constructed and occupied residence.

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