SC rejects plea for uniform demolition rehab policy
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 individual 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 (CJI) 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. At the same time, he referred to contradictory orders holding that continued possession of an unauthorised colony or settlement cannot by itself create a right and that such structures can be demolished....
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