NEW DELHI, Nov 13: In a significant judgment against the practice of instant ‘bulldozer justice,’ the Supreme Court on Wednesday issued guidelines to govern property demolitions across India, cautioning that the Executive cannot act as judge, declare an accused guilty, and demolish their property.
A bench comprising Justices B.R. Gavai and K.V. Viswanathan emphasized that it is “totally unconstitutional” to demolish homes solely based on accusations or even convictions. Delivering the verdict, Justice Gavai noted the distressing impact such actions have, especially when women and children are forced onto the streets overnight.
The Court’s guidelines mandate that demolitions should not occur without a prior show-cause notice, and individuals should be given at least 15 days from the date of notice to respond. The bench also instructed that all demolition activities be videographed.
The Court clarified that these directions do not apply in cases involving unauthorized constructions on public land or where a demolition order has been issued by a court of law. It underscored that even accused and convicted individuals have rights and protections under the Constitution and criminal law.
The verdict follows petitions seeking the establishment of clear, uniform guidelines on property demolitions nationwide.
