In a landmark move to curb the controversial practice of ‘bulldozer justice’, India’s Supreme Court has laid down nationwide guidelines for the demolition of properties. This decision comes after multiple petitions were filed, raising concerns over the arbitrary and often unlawful manner in which demolitions were being carried out.
The apex court, in its judgment, stressed the importance of the rule of law and the due process that must be followed before any demolition can take place. It firmly stated that the executive branch cannot usurp the judiciary’s role in determining guilt and issuing punishments. Demolishing someone’s home simply because they are accused or even convicted of a crime is deemed ‘totally unconstitutional’ by the court.
Here are the key takeaways from the Supreme Court’s new guidelines:
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Prior Notice and Opportunity to be Heard:
No demolition can proceed without a show cause notice being served on the property owner. This notice must be issued well in advance, allowing sufficient time for the owner to respond. The notice must be served by registered post and also affixed to the structure itself.*
Right to Challenge Orders:
Even after a demolition order is issued, the affected parties must be given adequate time to challenge the order in an appropriate legal forum.*
Time to Vacate:
Even if the property owner does not wish to contest the demolition order, they must be given sufficient time to vacate the property peacefully.*
Transparency and Accountability:
The demolition process must be transparent and accountable. Nodal officers appointed by the collector and DM will be responsible for overseeing the demolition, ensuring proper procedures are followed. Personal hearings must be conducted, minutes recorded, and a final order issued.*
Justification for Demolition:
The demolition order must be justified, explaining why it is necessary to demolish the structure. If only a part of the structure is found to be non-compoundable, the order must provide a clear justification for why demolition is the only solution.*
Video Recording and Reporting:
The entire demolition process must be videographed, and the video must be preserved. A demolition report must be submitted to the Municipal Commissioner.*
Contempt Proceedings:
Any violation of these guidelines will lead to contempt proceedings being initiated against the violators.The court, however, clarified that these guidelines do not apply to unauthorized structures in public places such as roads, streets, footpaths, or railway lines. They also do not apply to cases where a court of law has already issued an order for demolition.
In expressing its concern over the practice of ‘bulldozer justice’, the court highlighted the human cost of such actions, stating that it is not acceptable to see women, children, and the sick being displaced overnight. The court emphasized that the accused and convicts have certain rights and safeguards under the Indian Constitution and criminal law, which must be respected.
This landmark ruling by the Supreme Court is a significant step towards ensuring that demolitions are carried out in a fair, just, and lawful manner. It sends a clear message that the rule of law must prevail, and that the rights of citizens cannot be trampled upon in the name of expediency or retribution.
