Demolition Presumed Criminal if Property Owner Suddenly Selected After Being Accused of Crime: Supreme Court

in it judgment Concerning bulldozer actions, the Supreme Court observed significantly by the State when a particular structure is suddenly selected for demolition while other similarly situated structures in the same vicinity are left untouched. malicious It may seem big. If the selection of a property (for demolition) is found to be arbitrary, and one of the occupants of the property is found to have been involved in a criminal case shortly before the proceedings were initiated, it can be assumed that the true intention of the authorities behind the demolition was criminal action without trial.

“When a particular structure is suddenly selected for demolition, leaving other similarly situated structures in the same vicinity untouched, bad faith may loom large. In such cases, where the authorities are inclined to make arbitrary choices, when an investigation into the structures is initiated and shortly before such action is initiated, the occupant of the building “When it is determined that the defendant is involved in a criminal case, a presumption can be created that the real motive for such demolition operations is a structure and not an illegal structure.” said a bench Judges BR Gavai and KV Viswanathan.

The court made this observation while dealing with Solicitor General Tushar Mehta’s contention that properties sought to be demolished for violation of local municipal laws may, by sheer coincidence, belong to persons accused of crimes. Against this, the petitioners argued that the chain of events in the said cases showed that the demolition of houses was a direct result of the involvement of individuals in crime.

Addressing this issue, the Court stated that if it is determined that the property to be demolished was chosen arbitrarily, a presumption can be created regarding the State’s motives. This assumption will be rebuttable and the authorities will have to convince the court that they do not intend to punish an accused person by demolishing the structure.

Other reports on the decision can be read Here.

Case Title: Re: Guidelines on Demolition of Buildings v. and Ors. | Writ Petition No. 295 of 2022 (and related case)

Citation: 2024 LiveLaw (SC) 884

Click to read the decision