SC says if executive acts as judge and inflicts penalty of demolition on a citizen on grounds that he is an accused, it violates principle of 'separation of powers'
SC says executive cannot become judge, decide that person accused is guilty and punish him by demolishing his property
SC says executive cannot replace judiciary in performing its core functions
SC says no demolition should be carried out without prior show cause notice, returnable either in accordance with time provided by local municipal laws or within 15 days from date of service of such notice, whichever is later
SC says notice shall be served upon owner/occupier by registered post and, additionally, it shall also be affixed conspicuously on outer portion of structure in question
SC says every municipal/local authority shall assign designated digital portal within three months from Wednesday wherein details regarding service/pasting of notice, reply, show cause notice and order passed thereon would be available
SC says designated authority shall give opportunity of personal hearing to person concerned and thereafter pass final order
SC says if statute provides for appellate opportunity and time for filing same or even if it does not so, order will not be implemented for 15 days from date of receipt thereof
SC says opportunity should be given to owner/occupier to remove unauthorised construction or demolish it within 15 days
SC says proceedings of demolition shall be video-graphed and video-recording duly preserved
SC says authorities shall strictly comply with its directions and violation of any directive would lead to initiation of contempt proceedings in addition to prosecution
SC says if demolition is found to be in violation of its orders, officers concerned will be held responsible for restitution of property at their personal cost in addition to payment of damages
SC says all states shall issue circulars to district magistrates and local authorities, intimating them about directions issued by court.
Published 13 November 2024, 12:58 IST