New Delhi: In view of rising encroachments in the country, the Supreme Court on Tuesday stated that any religious structure, be it a temple, dargah or gurudwara, that poses a threat to public safety will be razed.
The top court firmly stated that India is a secular country and the anti-encroachment drives will be unbiased as the safety and well-being of citizens is of utmost importance.
Any religious structure encroaching upon a road, water bodies, or rail tracks must go, stated the court.
The bench headed by Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging the bulldozer action against people accused of crimes.
“We are a secular country and our directions will be for all, irrespective of religion or community. Of course, for encroachment we have said… if it is on a public road, footpath, water body or railway line area, it has to go, public safety is paramount. If there is any religious structure in the middle of the road, be it gurudwara or dargah or temple, it cannot obstruct public,” said the court.
“For unauthorised construction, there has to be one law, it is not dependent on religion or faith or beliefs,” said Justice Gavai.
Solicitor General Tushar Mehta, who represented the states of Uttar Pradesh, Gujarat and Madhya Pradesh said that bulldozer action cannot be taken against an accused in a criminal case.
Discussing about bulldozer action, Mehta said, “No absolutely not, even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that the notice issued is stuck one day before, it has to be in advance. One of the concerns was that notice has to be issued… most municipal laws, depending on the subject matter they are dealing with, have provisions for issuance of notice. Your Lordships may read that a notice be issued via registered post.”
The top court made it clear that being accused in a criminal case cannot be grounds for the demolition of property. Demolition can only be done when civic rules are violated.
The court extended the interim pause on demolitions carried out without its permission.
