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The Supreme Court on Tuesday upheld the stay given against the bulldozing action of the states and reserved its final decision on the issue. The court remarked that the state cannot use bulldozers on the properties of the accused or the convicts in retaliation. The court said that whether it is a temple or a dargah, it will have to be removed from the middle of the road.
People's safety is paramount. India is a secular country, hence the order regarding bulldozer action will be applicable to all the citizens of the country. The court said that any religious building, be it a temple or a mosque, should be removed if it obstructs a road, waterway or railway track. Justice B.R. Gavai and Justice K.V. Vishwanathan's bench said there should be a uniform law for all illegal constructions which should not depend on religion.
If a person is accused or guilty then his property cannot be confiscated
The court made it clear that if a person is accused or guilty then his property cannot be demolished by running a bulldozer on it. If there is any illegal construction on the road or government land, it can be demolished. The court said that we will be careful to ensure that there is no encroachment on our border or any other public property.
If someone's house is demolished, will he run after the breaker?
When a petitioner asked what to do if someone's house is demolished? Bulldozer follows turner? In this regard, Justice Gavai said that if the court order is not followed, the demolished property will be repaired and the victim will be compensated. However, lawyer Prashant Bhushan suggested that its cost should be recovered from the vandal.
Bulldozer cannot be used with a feeling of revenge
The court said that if a person is found guilty or accused, his property cannot be bulldozed in retaliation. Before taking such action, it is necessary to give notice to the property owner. However, the court will not interfere in cases of illegal occupation of public properties. Courts will not stay the demolition of such properties. Justice Vishwanathan said that nowadays bulldozer has become a means of demonstrating power. If any construction is illegal then the occupants should be given 10 to 15 days notice to move to another place.
