The Supreme Court on Wednesday issued guidelines for the demolition of properties in cases of illegal construction and encroachments across the country. Key directives include issuing a 15-day advance notice.
Direction of Supreme Court:
No demolitions will be carried out without advance notice to the owner. The notice must also be prominently displayed on the structure.
The show cause notice must be issued 15 days in advance.
An auto-generated email must be sent to the Collector/District Magistrate as soon as the notice is issued to prevent backdating.
Email IDs must be created by all District Magistrates.
The notice must specify the reason for demolition and the date of the hearing.
A digital portal must be created within three months to provide details of the notice and the date it was publicly displayed near the structure.
The date for a personal hearing must be given, and the hearing must record the submissions of the owner.
It must also determine whether the offense is compoundable or if partial demolition is possible.
The order must explain why the extreme step of demolition is necessary.
The order will not be implemented for 15 days from the date of receipt to allow the owner/occupier to remove unauthorized construction.
Only structures found to be unauthorized and not compoundable will be demolished.
A detailed spot report must be prepared, and a detailed video recording of the demolition, including police and officials present, must be made.
The report must be displayed on the portal.
Violation of these directions could lead to prosecution for contempt or other legal action.
Concerned officials will be held responsible for the restitution of property if these guidelines are violated