The Supreme Court on Tuesday passed an order staying demolitions across the country without its permission till October 1, reported Live Law.

The court, however, clarified that this directive does not apply to unauthorised constructions on public roads, footpaths, railway lines or public places.

“Till [October 1] there shall be no demolitions without seeking leave of this court,” a bench of Justices BR Gavai and KV Viswanathan ordered. “However, such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces.”

The next date of hearing is October 1.

The bench issued three orders on a batch of petitions challenging “bulldozer action” by various state governments whereby properties belonging to persons accused of crimes were punitively demolished.

Solicitor General Tushar Mehta objected to the court’s order, arguing that it unduly restricts the powers of statutory authorities. However, the bench remained firm, saying that “heavens won’t fall” if demolitions are stopped for two weeks. “Stay your hands. What will happen in 15 days?” Gavai asked.

Authorities in four Bharatiya Janata Party-ruled states and one Aam Aadmi Party-governed state punitively bulldozed 128 structures, mostly belonging to Muslims, between April and June 2022, human rights group Amnesty International said in a report in February.

There are no provisions in Indian law that allow for the demolition of property as a punitive action.

Tuesday’s stay order was issued under special powers granted to the Supreme Court under Article 142 of the Constitution. The article empowers the court to pass any decree or order necessary for doing complete justice in any case or matter pending before it.

“Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” Viswanathan said on Tuesday.

Gavai added: “We made clear we won’t come between unauthorised construction...But the executive can’t be a judge.”

During the hearing, Senior Advocate Chander Uday Singh said that punitive demolitions in the country have continued despite the concerns expressed by the court in the previous hearing. He highlighted a case in which a person’s house was demolished on the same night that he was accused of throwing stones.

Mehta responded that the demolition notice had been issued in 2022, and that any subsequent offences by the accused person were unrelated to the bulldozing of his home. He argued that there was no connection between the demolition action and the alleged offences.

However, the bench questioned why the property was suddenly demolished in 2024.

On September 2, the Supreme Court criticised the trend of “bulldozer justice” and proposed to lay down guidelines to address the concerns it posed.

On September 9, the authorities in Gujarat carried out a demolition drive, bulldozing buildings and temporary structures in the Saiyedpura area, after residents allegedly threw stones at a makeshift platform erected on the occasion of the Hindu festival of Ganesh Chaturthi, reported The Wire.

The police also detained 32 persons in connection with the violence.

During the hearing on Tuesday, Mehta claimed that a “narrative” was being propagated that a specific community was being targeted by such action. “The narrative has appealed to your lordships,” he said.

Viswanathan, however, rejected the claims and said: “Outside noise [are] not influencing us. We won’t get into question of…which community…at this point.”

The court also noted that after its previous order, in which it said it would establish guidelines to regulate bulldozer actions, certain statements had been made by ministers.

“After September 2, there has been grand standing and justification,” Viswanathan remarked. “Should this happen in our country? Should Election Commission be noticed? We will formulate directives.”

The bench had asked the parties to file suggestions for the court’s consideration as it framed the guidelines.

The case goes back to April 2022 when Islamic organisation Jamiat Ulama-e-Hind approached the Supreme Court against a demolition drive in Delhi’s Jahangirpuri area.

The demolitions were stayed, but the petitioners sought a declaration that authorities cannot use bulldozer action as a form of punishment.

Related petitions have since been filed by Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh.

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