Our prescience judgement of our country's apex court must be this: when and where bulldozer be driven? The apex court has cleared it that no one's property should be damaged; even if the owner of that property is an accused. The court has also issued pointwise guidelines also; wherein it has been cleared on the basis of the constitutional framework of such issue. In fact; from some months onwards; many state governments have been getting allegations that constitutional proceedings have been implemented partially only and due to these upcoming points; the basic concept of judgement has been getting hurt. However; armchair information is here that in this course majority community has been getting more harm than the minority community.
It is supposed usually that about 20% landmass of our country is under the grasp of encroachers. Even in Delhi; the landmass which is under MCD ( Municipal Corporation of Delhi ) and DDA ( Delhi Development Authority) that landmass was decided to be used as a kerb or for other purposes; but along this site, hotels; garages and taxi parkways have been built. Due to these; the problems which are faced by common people day to day; can be conjectured only; such encroachment events cause the accidents to take place easily. In this way; public landmass has been encroached across our country in many formats. Even in some public places; a religious structure is constructed; which is an insurmountable job for the authorities to remove. Under the Waqf Act; anyone's property can be declared as waqf property about which other communities cannot claim.
In this background; if a new guideline of the Supreme Court might be issued; then a new course might be deemed to be made. Generally; such encroachment set up has been giving pain to the general mass and even to the authority; demands also come to take action against them; although; here it is possible that due to shortcomings of proceeding agency or in the lack of documental surveillance; bulldozer might be brought; due to these flakes; the law court says to follow the law court's guidelines discernibly. The law court accepts that system and common mass till here: the person whose property will be destroyed; in this course, everyone must get the judgement. Because of this; for maintaining such proceedings; the law court has given guidelines that it must not take place impromptu; there must be given time limit; notice; and time to provide the reply to the court; even agreement provision is also given by law to settle the issue; by getting economical retribution also.
In this context; the humanity aspect is too stout; if the abode of an accused is destroyed; then without any fault,t the family members of that accused get punished; which creates a heart-wrenching scene. However; the encroachment which was done by force; at that site; such proceeding seems to point; to be conducted. In which case; misgivings seem; the whole document should be studied minutely; but in which case the issue seems clear at first glance; in that case at once proceeding should be implemented. If such an issue might be ignored then mismanagement might reach its summit. Moreover; if someone bought the plot legally and had every proper document; then devastating such a site might prove too fatal for the authorities. At this site; the public might go wayward because a person can tolerate much pain but if their abode is damaged by someone then that person could not bear that pain easily; as that building, he made with his drudgery; for grouting its every brick; he did exertion and that building was devastated only on the basis of doubt; unbearable such issue might be.
In fact; in this encroachment issue; mostly the up-and-running governmental system also seems in contretemps; because encroachment activity must be prevented by them as it is their duty but related authority ignores it. Sometimes; in this course payola action also takes place. Related to such encroachment matter; once a litigation could not stay longer in Delhi High Court because the related authority had whitewashed it. Due to such acts; at present; that sequestered area has been encroached too fast.
This whole context has been alluding towards a landmass transition. This should be ascertained that every landmass holder should elucidate their landmass publicly and should pay tax on time. Since the number of encroachers is not less in our country; due to this mishap; our government coffer gets lost extensively. In contrast; the process has to amble a long way but for running bulldozers; an ordinance is given instantly for ignoring haggling affairs. Thus; everything is destroyed instead of a small piece of landmass. To prevent such tragedy; the Supreme Court has declared to deal issue by way of authority. An expectation might be that it should work faster than the fast track court and issue an interim order to an illegal construction's fate to determine it properly. Because of such action; how much land mass our government might get and how much public welfare scheme might be started; it could be only conjectured.
One established principle of criminology is that; the person who has done a crime; that person must get punishment instead of somebody else. To the point; encroachers should get prison and stay there as jailbirds; rather than their family members. All the same; after the whole proceeding; if the landmass has been proved encroached then without any thought bulldozer must be driven. In such an act probably the law might be broken but in the context of the land mafia; it seems remarkably well and correct. Because the land mafia does not even have any documents generally. When the document will not be; then from nowhere any inconvenience might come and at such site, a bulldozer can be driven certainly. However; if such context is ignored then that person might encroach on more and more land and on the other side he might create troublesome sites for the naive citizens. Thus; the government might get blamed. However; these whole proceedings should be done under law; for which the Supreme Court has given instruction to the legislative and executive departments to deal with such affairs across the country.