On Wednesday, the Supreme Court of India strongly criticized the practice of “bulldozer justice,” where authorities demolish properties solely based on allegations against the occupants. The Court emphasized that demolishing a person’s house simply due to an accusation goes against the core principle of rule of law, which guarantees protection against arbitrary actions.
A bench led by Justices BR Gavai and KV Viswanathan stated, “The executive cannot pronounce a person guilty. Only on the basis of accusation, if the executive demolishes the property of the person, it will strike at the principle of rule of law.” The court reaffirmed that public officials must be held accountable for demolitions carried out in such an unjust manner.
Guidelines to Ensure Justice and Fair Process
The Supreme Court has outlined a series of guidelines that must be adhered to by the executive before demolishing any property. One of the key provisions is that property owners must be given sufficient notice before any demolition. The Court stressed that even if the occupants do not contest the order, they must be allowed adequate time to vacate the premises and make necessary arrangements.
“It is not a happy sight to see women, children and ailing persons dragged to the streets overnight,” remarked the bench. They further suggested that authorities should show restraint and provide a reasonable time frame for property owners to vacate, emphasizing that such delays would not undermine the authorities’ work.
Clear Procedures Before Property Demolition
The Court’s guidelines set out detailed steps that authorities must follow before proceeding with demolition. These include:
- Notice and Time for Appeal: Property owners must be given a formal notice of demolition and at least 15 days to either contest the decision or vacate the premises.
- Exceptions: If the property in question obstructs public infrastructure like roads, water passages, or railway lines, this notice period may not be required.
- Digital Notification and Acknowledgment: The authorities must digitally send a copy of the notice to the office of the District Magistrate or Collector, ensuring transparency and avoiding any potential manipulation of dates.
- Opportunity for Personal Hearing: Property owners should be given a chance for a personal hearing where the authorities will explain why demolition is necessary. The hearing’s minutes will be recorded and considered in the final decision.
Protecting Property Rights and Accountability
Additionally, the Court ordered that the property owner should be given an opportunity to remove any unauthorized construction before the demolition, and no action should take place until the 15-day notice period has expired. Only the part of the property with illegal construction should be demolished, ensuring that the rights of the lawful property owners are protected.
The Court also mandated that a detailed report be prepared before the demolition, and the entire process should be documented through video recording. If any demolition violates the court’s guidelines, the responsible authorities will be held liable for restitution at their personal expense.
These stringent measures reflect the Supreme Court’s commitment to safeguarding property rights and preventing the misuse of executive power.
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