P. PRITHIVRAJ vs MAHESH M. — CONMT.PET.(C) No.

Summary: CONMT.PET.(C) No. 2024 INSC 866 Court: Supreme Court of India Judges: B.R. Gavai & K.V. Viswanathan Date: November 13, 2024 Citation: 2024 INSC 866 Key Holding The Supreme Court held that state authorities cannot demolish residential or commercial properties of accused persons without following due process of law. Such arbitrary demolitions violate the Rule of Law, Separation of Powers, right to shelter (Article 21), and principles of criminal justice. Main Issues Addressed 1. Punitive demolitions of accused persons' properties: The court held demolishing a property merely because the owner is accused of a crime is unconstitutional, as it violates: - The Rule of Law - Separation of Powers (executive cannot act as judge) - Presumption of innocence - Right to shelter under Article 21 2. Collective punishment prohibition: Demolishing an entire structure to punish one resident who is an accused is impermissible collective punishment. 3. Proportionality: Demolition must be a last resort; alternatives like compounding violations or partial demolition must be considered first. Mandatory Directions (Pan-India) A. Notice Requirements: - Minimum 15 days' show cause notice (or municipal law period, whichever is later) - Service via registered post A.D. + affixation on property - Notice must specify violation details, grounds, and hearing date - Digital notification to District Magistrate with email acknowledgment B. Personal Hearing: - Designated authority must provide opportunity for hearing with recorded minutes C. Final Order Must Include: - Noticee's contentions and authority's reasons for disagreement - Whether violation is compoundable; if not, reasons - Details if only part is unauthorized - Justification for why demolition is only option D. Appeal & Judicial Review Period: - 15 days from order receipt before implementation - Owner/occupier gets 15 days to self-remove unauthorized construction - Only demolish portions found unauthorized and non-compoundable E. Demolition Proceedings: - Video-graphed proceedings - Detailed inspection report signed by two Panchas - Demolition report with list of officials involved - Reports to be forwarded to Municipal Commissioner and digital portal Accountability Measures - Violation of guidelines triggers contempt proceedings + prosecution - Officers held personally liable for restitution at personal cost + damages if demolition violates Court orders - Directors to circulate judgment to all States/Union Territories and High Courts Exceptions These directions do not apply to: - Unauthorized structures in public places (roads, footpaths, railway lines, water bodies) - Cases where demolition is court-ordered Status: Petitions posted for further orders after four weeks. This case analysis is maintained by casestatus.in based on publicly available court records.