Dargah or Temple, Religious Structures Can't Become Public Nuisance: SC on Encroachment

New Delhi: In a landmark judgement, the Supreme Court on Tuesday observed that a religious structure standing in the middle of the road, whether a Gurudwara or Dargah or temple, cannot become a public nuisance. 

Observing that its directions will be applicable pan-India, the top court stated it will make it clear that merely because a person is an accused or even a convict, it can't be a ground for demolition of property.

The SC's remarks came as it was hearing a batch of pleas against demolition of properties. Highlighting the significance of secularism in the country, the apex court noted that it will lay down guidelines for all citizens. 

"Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions not for any particular community," a bench of Justices B R Gavai and K V Viswanathan said.

Observing that there can't be a different law for a particular religion, the bench said it will not protect any unauthorised constructions on public roads, government lands or forests. "We will take care to ensure that our order does not help the encroachers on any of the public places," the bench noted.

Earlier on September 17, the Supreme Court had observed that no demolition should take place in the country without its prior permission, till next hearing on October 1. 

However, the SC had made it clear that the order would not be applicable in case of encroachments on public road, footpaths, railway lines and waterbodies.

The apex court's order to pause the unauthorised “bulldozer action” till October 1 came during the hearing on the petition of Jamiat Ulema-e-Hind, filed against the ‘bulldozer action’ in Uttar Pradesh and other states. The petitions had alleged that properties of those accused of crime were being demolished in several states.

The court had observed that even one instance of illegal demolition was against the "ethos" of the Constitution.