SC: No uniform guidelines on rehabilitation plan in demolition cases
New Delhi, Aug. 13 -- The Supreme Court on Wednesday declined to entertain a plea seeking a rehabilitation policy for people affected by demolition of unauthorised constructions, saying a uniform framework was neither feasible nor prudent as the issue falls within the policy domain of states and Union territories.
Disposing of the petition filed by the Centre for Law and Good Governance, a non-profit organisation, the court allowed the petitioner to approach states and UTs with its concerns. It said governments would be at liberty to formulate or revisit their existing policies on the issue.
A bench headed by Chief Justice of India Surya Kant said, "It would be difficult and not prudent for this court to lay down a uniform policy framework to be applied across various states."
The bench, also comprising justices Joymalya Bagchi and V Mohana, said the circumstances could vary from state to state and may warrant different policy frameworks.
The petitioner, represented by advocate Surat Singh, pointed out that the Supreme Court has recognised the right to shelter as part of the right to dignity and the right to life under Article 21 of the Constitution. Singh said Andhra Pradesh, Telangana and the NCT of Delhi have settlement and regularisation policies, while similar policies do not exist in many other states where unauthorised colonies are suddenly ordered to be demolished.
The court said, "On one hand there are rank illegal constructions. At the same time, there are also people, largely belonging to economically marginalised sections, who occupy tracts of public land and require alternative accommodation. We cannot fetter the state from taking any suitable policy decision. If the policy is arbitrary, unreasonable or does not accommodate due process, it will be open to judicial review."...
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