Religious Structures Encroaching Public Spaces Must Go for Public Safety: Supreme Court

New Delhi: The Supreme Court today emphasised that public safety is of utmost importance, stating that any religious structure encroaching on public roads, water bodies, or rail tracks must be removed.

The court reiterated that India is a secular nation, and anti-encroachment measures would apply uniformly to all citizens, regardless of their religion.

A bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging the practice of demolishing properties of individuals accused of crimes, often referred to as “bulldozer justice”. State authorities have previously defended such actions, asserting that only illegal structures were targeted.

Solicitor General Tushar Mehta, representing Uttar Pradesh, Gujarat and Madhya Pradesh, clarified that being accused of a crime, even a serious offence, cannot be grounds for demolition. He also stressed the importance of giving proper notice before taking action.

The court discussed the need for uniformity in municipal and panchayat laws, suggesting the creation of an online portal to ensure transparency in anti-encroachment actions.

Mehta expressed concern over allegations that specific communities were being targeted. The court responded firmly, stating, “We are a secular country, and our directions apply to all, irrespective of religion.” Justice Gavai added that unauthorised constructions must be dealt with under a common legal framework, independent of religion or belief.

Senior Advocate Vrinda Grover raised concerns about housing availability, while Mehta objected to any international involvement, asserting the competency of Indian courts. Senior Advocate CU Singh, representing one of the petitioners, argued that demolitions should not be used as a crime-fighting tactic.

The Supreme Court also extended its stay on demolitions carried out without prior approval, stating that property demolition should only occur in cases of civic rule violations, not criminal accusations.