Alleged involvement in crime does not constitute grounds for demolishing property, the Supreme Court said on Thursday.

A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti said that such actions could be “seen as running a bulldozer over the laws of the land”.

The court was hearing a petition filed by a man named Javedali Mahebubmiya Saiyed from Gujarat’s Kheda district.

Saiyed claimed that municipal authorities threatened to demolish a house he co-owns because of a trespassing case that was filed against him on September 1. His counsel added that three generations of his family had been living in the house for over twenty years.

“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally constructed residence” the court said.

The bench noted that the alleged crime was yet to be proven through legal processes.

“The court cannot be oblivious to such demolition threats, inconceivable in a nation where law is supreme,” it said. “Otherwise such actions may be seen as running a bulldozer over the laws of the land.”

The court asked the Gujarat government to file a response within four weeks. It added that the property could not be demolished till then.

There are no provisions in Indian law that allow for the demolition of property as a punitive measure. But the practice has become commonplace in Bharatiya Janata Party-ruled states, including Gujarat.

On September 2, the court criticised the trend of demolishing properties of persons accused of crimes as a punitive measure and proposed to lay down pan-Indian guidelines to address the concerns.

A bench of Justices BR Gavai and KV Viswanathan was hearing a batch of petitions challenging the “bulldozer action” by states. The pleas alleged that such demolitions were undertaken without notice and as a form of revenge.

“How can a house be demolished just because he is accused?” the court asked. “It can’t be demolished even if he’s convict.”

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