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No house demolition without due process, even for convicts, says SC

"We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised are taken care of," said SC bench

SC to establish guidelines on demolitions, says legal procedure must be followed
SC to establish guidelines on demolitions, says legal procedure must be followed NH

How can anybody's house be demolished only because he is an accused, the Supreme Court observed on Monday, 2 September.

"Why can't some guidelines be laid down? It should be put across states...This needs to be streamlined," Justice K V Viswanathan said, as per Live Law.

Justice B R Gavai said that even if a construction is unauthorised, the demolition can be carried out as per the procedure in "accordance with law".

The court also said that it proposes to lay down guidelines on the issue.

"Even if he is a convict, still it can't be done without following the procedure as prescribed by law," a bench of Justices B R Gavai and K V Viswanathan said on pleas against demolition action.

However, the apex court made it clear that it will not protect any unauthorised constructions.

"We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised are taken care of," the bench said.

It posted the matter for hearing on 17 September.

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