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

Image used for representation only. Photo: Photo ANI

Invoking its extraordinary powers under Article 142 of the Constitution, the apex court gave a series of directions which came with a caveat that they would not be applicable to unauthorized structures in public places.

A bench of Justices BR Gavai and KV Viswanathan said that no demolition should be carried out without prior notice, which may be returned either in accordance with the time prescribed by local municipal laws or within 15 days from the date of notice, whichever of these is later.

It stated that its instructions will not be applicable if there is an unauthorized structure in public places like road, footpath, adjoining railway line or any river or water body and also where there is a demolition order given by a court of law.

Said notice shall be delivered to the owner or occupier by registered mail and, in addition, shall also be conspicuously affixed to the exterior portion of said structure.

“The period of 15 days aforesaid shall commence from the date of receipt of the said notice,” it said.

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

The bank said an auto-generated reply acknowledging receipt of the email should also be issued from the collector’s office or the DM.

It 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 responsible for building regulations and demolition within a month from today.

The bank said the notice would contain details of the nature of the unauthorized construction, the specific violation and the reasons for the demolition.

The said notice shall also contain a list of the documents which the notifier is bound to furnish with his reply and shall also state the date on which the personal hearing is fixed and the designated authority before which it shall take place.

“Each municipal/local authority shall assign a designated digital portal within 3 months from today where details of service/pasting of notice, reply, show cause notice and order passed thereon shall be available,” the commission said .

The designated authority shall grant the person concerned the opportunity to be heard in person, and the minutes of such hearing shall also be recorded.

The tribunal said, on hearing, the designated authority will issue a final order containing the arguments of the referral and, if the designated authority disagrees with them, the reasons therefor.

It said that the final order will contain whether the unauthorized construction is compounded, if not, the reasons thereof.

He said if the Designated Authority finds that only a part of the construction is unauthorized/unbuildable, the final order will contain the details.

The verdict came on the grounds of a request for guidelines on the demolition of properties.

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

“Furthermore, we order that if the statute provides an opportunity and time for filing an appeal, or even if it does not, the order shall not be enforced for a period of 15 days from the date of its receipt,” it said. in the communique. .

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

“Only after the period of 15 days from the date of receipt of notice has expired and the owner/occupier has not removed/dismantled the unauthorized construction and if it is not stayed by any appellate authority or a court of law, the concerned authority. will take measures to demolish them,” he said.

The bench said that only such construction which is found to be unauthorized and uncompoundable will be demolished.

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

The bench said the demolition proceedings will be videotaped and the concerned authority will prepare a report listing the police officials and civil personnel who participated in the process.

He ordered that the video recording be properly preserved and the demolition report be sent to the municipal commissioner through email and displayed on the portal.

“Needless to mention, the authorities hereafter will strictly follow the aforementioned instructions issued by us. He will also be informed that breach of any of the instructions would lead to the initiation of proceedings for criminal omission in addition to prosecution,” the statement said.

The bench said, “The officials should also be informed that if the demolition is found to be in violation of the orders of this court, the concerned officer/s will be held liable for restitution of the demolished property at their own expense in addition to payment of damages.’

It directed the registrar (judicial) to forward a copy of its verdict to the chief secretaries of all states and Union territories and the 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 bench posted the matter for further orders after four weeks.