"Temple or Dargah" encroachment must go, says Supreme Court

The Supreme Court of India issued a ruling on Tuesday, asserting that public safety is of utmost importance. The court declared that any religious structure encroaching upon roads, water bodies, or railway tracks must be demolished, reinforcing that its directives for bulldozer actions and anti-encroachment measures will apply uniformly to all citizens, regardless of their faith. This landmark decision was made during a hearing addressing petitions challenging the practice known as "bulldozer justice," which has been increasingly utilized in various states across India.

The bench, consisting of Justice BR Gavai and Justice KV Viswanathan, articulated that India's secular constitution mandates that all citizens are treated equally under the law. Justice Gavai stated, “If there is any religious structure in the middle of the road, be it gurudwara or dargah or temple, it cannot obstruct public safety.” Solicitor General Tushar Mehta represented the states of Uttar Pradesh, Gujarat, and Madhya Pradesh during the proceedings. When questioned if being accused of a crime could justify bulldozer actions against individuals, Mehta firmly responded, “Absolutely not, even for heinous crimes like rape or terrorism.” He emphasized that demolitions should be based solely on civic violations rather than on the criminal accusations against individuals.

The court raised concerns about the potential misuse of bulldozer actions against specific communities, asserting that the law must be applied uniformly. “For unauthorized construction, there has to be one law, it is not dependent on religion or faith or beliefs,” Justice Gavai remarked. The justices noted that the current enforcement of demolition actions has sometimes led to accusations of targeting particular communities, prompting the court to seek a more equitable approach.

Furthermore, the Supreme Court highlighted the necessity for a structured procedure governing demolitions. It announced plans to develop comprehensive pan-India guidelines that will ensure all demolitions are conducted under “judicial oversight.” The court mandated that proper notice must be provided to property owners before any demolition takes place, with the notice sent to their registered postal addresses to prevent sudden actions without due process. In a previous interim order dated September 17, the Supreme Court had instructed that no demolitions should occur without its explicit permission until October 1, except for properties constructed illegally in public spaces.