Supreme Court Upholds Public Safety Over Dargahs and Temples: Landmark Ruling on Encroachment Demolitions

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In a significant ruling, the Supreme Court of India has prioritized public safety over religious structures that encroach upon roads, water bodies, and railway tracks. This landmark decision reaffirms the secular fabric of the nation, indicating that directives related to anti-encroachment drives and bulldozer actions will apply uniformly to all citizens, irrespective of their religious affiliations.

The ruling emerged from petitions challenging the use of bulldozers against properties linked to alleged criminals. A two-judge bench, consisting of Justice B.R. Gavai and Justice K.V. Viswanathan, made it clear during the proceedings that “whether it be temple, dargah, it has to go… public safety is paramount,” emphasizing the necessity of ensuring public safety over religious considerations.

The bench’s comments come as several states across India have adopted bulldozer actions targeting structures associated with individuals accused of various crimes. However, this trend has raised concerns regarding potential targeted demolitions aimed at specific communities or religions, sparking debates about fairness and discrimination.

Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh, stated that merely being accused of a crime, even in severe cases such as rape or terrorism, does not warrant bulldozer action without due process. He stressed the importance of issuing prior notices to affected parties, suggesting that these notices should be sent via registered post to uphold fairness and transparency in the process.

On September 17, while hearing multiple pleas against bulldozer actions occurring in various states, the Supreme Court issued an interim order prohibiting any demolition of properties across the country without its express permission. However, the court clarified that this order does not extend to encroachments on public roads, footpaths, railway lines, or other public spaces.

As part of its directive, the apex court ordered a halt to bulldozer demolitions until October 1, unless they pertain to public encroachments. The court is also set to formulate specific guidelines regarding the conditions under which properties may be demolished in accordance with municipal laws.

In a related incident, two revenue officers faced violent backlash in a village in Uttar Pradesh on Monday, as villagers expressed their discontent over certain demolitions being carried out. This incident underscores the tensions surrounding the ongoing anti-encroachment drives and the need for a balanced approach that considers both public safety and community sentiments.

The Supreme Court’s ruling stands as a crucial reminder of the balance that must be struck between public safety and religious sentiments, as India continues to navigate the complexities of urban development and communal harmony.

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