The decision was taken following the bulldozing operation.
The Supreme Court strongly criticized Operation Bulldozer and said the executive branch cannot usurp the powers of the judiciary. Regarding bulldozing the house of any criminal, the Supreme Court said arbitrary officials should be held accountable and ordered that demolition should not be carried out without clear reasons, but both practices have a trend of bulldozing in many states of the country. is happening. It can be seen that if a person commits a crime and his house is bulldozed the next day, does the law have the right to demolish the criminal’s house?
According to the law, only the person who commits the crime is guilty. The law also stipulates the punishment for the crime committed by the person, and only that punishment can be given, and no other punishment can be given in addition. If the person has a house in his name, the government cannot demolish it.
In such a situation, one question must have come to your mind: If the government can’t open bulldozers, then why are news coming out every day of bulldozers being driven on the houses of criminals in one state or another, and according to What law? Was this action taken? The most important of these is that in our country everyone encroaches on land when building a house.
The house of any culprit cannot be demolished by order of the CM. He can only order officials to take action against the culprits and conduct a survey of their houses. If it is an illegal construction, it should be demolished, but the CM cannot issue this order in writing.
Who is capable of driving a bulldozer?
Every state in the country has a municipal corporation, or municipality, under whose jurisdiction all houses are built. In this case, if a person commits a crime, then the information about his house will be extracted and it will be found that it was invaded when he built the house. It is obvious that in any state, demolition of a house can be carried out on the orders of the municipal corporation. Before demolishing a criminal’s house, the municipal corporation issues a legal notice, which can last anywhere from 15 days to a month before taking action.
However, in many cases, people do not receive any notification from the municipal corporation and bulldozers run over their houses. This practice is a game played by the municipal corporation and deceives people with old entries. They go into their own house and break it down. This is done because if the municipal corporation issues a legal notice, then people have the legal right to approach the court. House demolition matters can get bogged down and delayed. If a person commits any crime and the house built in his name is not encroached upon, then the municipal corporation cannot even touch that house.
How is the UP government going about its bulldozing operation?
After the Supreme Court condemned the bulldozer operation, a question has arisen as to under which rules and laws the Uttar Pradesh government used bulldozers on the houses of the accused. The answer is that the Uttar Pradesh government takes action under the Uttar Pradesh Town Planning and Development Act, 1973. There is a provision in the law called Section 27. Accordingly, the government has the right to demolish illegal properties. Further, the Chairman and Deputy Chairman of the Development Authority can issue notifications in this regard and the officials of the Revenue Department can help them in this regard.
What rights do people whose houses are being demolished have?
The law also stipulates that people whose houses are being demolished also have rights. Accordingly, within 30 days after the house demolition order is issued, he can appeal to the chairman of the authority not to demolish the house. After action on the appeal, the Chairman can modify the order or even cancel it. The bill also provides that the decision of the Chairman shall be final and shall not be challenged in any court. The law stipulates that if a final demolition order has been issued, the administration must demolish the property within up to 40 days, but during this period, the owner has time to make his position clear.
Legal experts said that generally, if government land is occupied to build or under construction a house or house without its approval or in violation of regulations, the administrative department can order its demolition. Another situation is that the gangsters continue to abscond after committing the crime and use bulldozers to demolish the houses. In the second case, if the criminal does not surrender despite legal proceedings and an arrest warrant, the government can confiscate the property obtained by the crime.
Former Chief Justice of India RM Lodha said that the complete procedure prescribed by law must be followed. If a person commits a sin, it does not mean that he should be broken. Even if the property is being disputed or has been disputed, then an order must be made to the court and timely notice must be given to the person, but if any action is taken without any notice, then it has no effect in the eyes of the law.
