Officials who violate demolition guidelines will pay for reconstruction: SC

The Supreme Court on Wednesday issued pan-India guidelines on demolition of properties and said those affected should be given some time to challenge the demolition orders before an appropriate forum.

Image used for representational purposes only. Photography: ANI Photo

Invoking its extraordinary powers under Article 142 of the Constitution, the apex court passed a set of directions with a caveat that these will not be applicable to unauthorized structures in public places.

A bench comprising Justices BR Gavai and KV Viswanathan said no demolition should be carried out without a prior show cause notice which can be returned either as per the time limit prescribed by the local municipal laws or within 15 days from the date of service of such a notice, depending on the date chosen. later.

It clarified that its instructions will not be applicable if there is any unauthorized structure in public places such as a road, footpath, adjoining railway line or any river or water body and also in the event of a demolition order issued by a court.

On the bench, this notice must be served on the owner or occupant by registered mail and, in addition, must also be visibly affixed to the exterior part of the structure in question.

“The period of 15 days, mentioned above, runs from the date of receipt of said notice,” it is specified.

He said to avoid any allegations of backdating, as soon as the show cause notice is duly served, the notice will be sent to the office of the Collector or District Magistrate concerned digitally through email.

The court said an automatically generated reply acknowledging receipt of the mail should also be issued by the Collector’s or DM’s office.

He said that the Collector or DM will appoint a nodal officer and also assign an email address and communicate it to all municipal and other authorities dealing with regulation of construction and demolition within a month starting today.

The court said the notice must contain details regarding the nature of the unauthorized construction, the specific violation and the reasons for the demolition.

This notice will also contain a list of documents that the noticeee is required to provide with its response and will also specify the date on which the personal hearing is scheduled and the designated authority before which it will take place.

“Every municipal/local authority shall, within 3 months from today, allot a designated digital portal where details regarding service/pasting of notice, reply, show cause notice and order rendered on this subject will be available,” the court said.

He said that the designated authority will give opportunity of personal hearing to the person concerned and the minutes of such hearing will also be recorded.

The court said during the hearing that the designated authority would issue a final order which would contain the arguments of the notified person and, if the designated authority does not agree with the same, the reasons therefor. here.

He said the final order will state whether the unauthorized construction is likely to be escalated, and if not, the reasons why.

It clarifies that if the designated authority finds that only part of the construction is unauthorized/non-cumulative, the final order should contain the details.

The verdict follows calls to develop guidelines on the demolition of properties.

The court said the final order will contain details explaining why the extreme step of demolition is the only option available.

“We further order that if the law provides for an appeal and a time limit for filing it, or even if it does not, the order shall not be executed for a period of 15 days from the date of receipt thereof,” he said. .

The court said an opportunity should be given to the owner or occupier to remove the unauthorized construction within 15 days.

“Only after the expiry of the period of 15 days from the date of receipt of the notice and if the owner/occupier has not removed/demolished the unauthorized construction, and if the same is not suspended by an appellate authority or a court, the authority concerned will take steps to demolish it,” he said.

The bench said only constructions found to be unauthorized and unsuitable for development would be demolished.

“Before demolition, a detailed inspection report will be prepared by the authority concerned and signed by two ‘Panchas’,” it said.

The court said the demolition procedure would be filmed and the authority concerned would prepare a report listing the police officials and civilian personnel who participated in the process.

He directed that the video recording be duly preserved and the demolition report be forwarded to the municipal commissioner through email and be displayed on the portal.

“Needless to say, the following authorities shall strictly comply with the above instructions issued by us. He will also be informed that violation of any of the directions would result in initiation of contempt proceedings in addition to prosecution,” it said.

The court said: “The officials should also be informed that if the demolition is found to be in violation of the orders of this court, the officer(s) concerned shall be held responsible for restitution of the demolished property at their personal expense in addition to the payment of damages.

He directed the Registrar (Judicial) to circulate a copy of his verdict to the Chief Secretaries of all States and Union Territories and Registrars General of the High Courts.

Directing all states to issue circulars to district magistrates and local authorities informing them of the court’s directions, the court posted the matter for further orders after four weeks.