Officials violating demolition guidelines will pay for rebuild: SC

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

Invoking its extraordinary powers under Article 142 of the Constitution, the apex court passed a slew of directions which came with a caveat that these will not be applicable on unauthorised structures in public places.

A bench of Justices B R Gavai and K V Viswanathan said no demolition should be carried out without a prior show-cause notice returnable either in accordance with the time provided by local municipal laws or within 15 days from the date of service of such notice, whichever is later.

It clarified that its directions will not be applicable if there is an unauthorised structure in public places such as road, footpath, abutting railway line or any river or water body and also where there is an order for demolition made by a court of law.

The bench said notice shall be served upon the owner or occupier by a registered post and additionally, shall also be affixed conspicuously on the outer portion of the structure in question.

'The time of 15 days, stated herein above, shall start from the date of receipt of the said notice,' it said.

It said to prevent any allegation of backdating, as soon as the show-cause notice is duly served, intimation shall be sent to the office of the collector or district magistrate concerned digitally by e-mail.

The bench said an auto-generated reply acknowledging receipt of mail should also be issued from the office of collector or DM.

It said the collector or DM shall designate a nodal officer and also assign an e-mail address and communicate the same to all municipal and other authorities in charge of building regulations and demolition within one month from today.

The bench said the notice shall contain details regarding nature of unauthorised construction, specific violation and grounds of demolition.

It said notice shall also contain a list of documents that noticee is required to furnish along with his reply and also specify the date on which personal hearing is fixed and the designated authority before whom it will take place.

'Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available,' the bench said.

It said designated authority shall give an opportunity of personal hearing to the person concerned and minutes of such a hearing shall also be recorded.

The bench said upon hearing, the designated authority shall pass a final order which shall contain contentions of the noticee, and if the designated authority disagrees with the same, the reasons for it.

It said the final order shall contain as to whether the unauthorised construction is compoundable, if it is not so, the reasons therefor.

It said if the designated authority finds that only part of the construction is unauthorised/non-compoundable, the final order shall contain the details.

The verdict came on pleas seeking framing of guidelines on demolition of properties.

The bench said the final order shall contain detail as to why the extreme step of demolition is the only option available.

'We further direct that if the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof,' it said.

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

'Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorised construction, and if the same is not stayed by any appellate authority or a court, the concerned authority shall take steps to demolish the same,' it said.

The bench said only such construction which is found to be unauthorised and not compoundable shall be demolished.

'Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two 'Panchas',' it said.

The bench said demolition proceedings shall be video-graphed and concerned authority shall prepare a report giving list of police officials and civil personnel that participated in the process.

It directed that video-recording should be duly preserved and demolition report should be forwarded to the municipal commissioner by e-mail and shall be displayed on portal.

'Needless to state that the authorities hereinafter shall strictly comply with the aforesaid directions issued by us. It will also be informed that violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution,' it 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 officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages.'

It directed the registrar (judicial) to circulate a copy of its verdict to the chief secretaries of all the states and Union territories and the registrar generals of high courts.

Directing that all states shall issue circulars to the district magistrates and local authorities intimating them about the court's directions, the bench posted the matter for further orders after four weeks.