Bulldozer justice: Supreme Court says ‘not a happy sight to see women, kids dragged to streets’ | Key guidelines | Latest News India

The Supreme Court on Wednesday came down heavy on the trend of “bulldozer justice”, saying the authorities cannot demolish the house of a person simply on the grounds of them being accused of a crime. The apex court further observed that the public officials who demolish the properties in such a manner should be held accountable.

“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 executive cannot become a judge and demolish the properties of the persons accused,” a bench of Justices BR Gavai and KV Viswanathanbench.

The court said the rule of law provides a framework that ensures individuals know their property will not be taken arbitrarily.

It said even in cases where people do not wish to contest the demolition order, sufficient time needs to be given to them to vacate and arrange their affairs.

“It is not a happy sight to see women, children and ailing persons dragged to the streets overnight,” the bench said, adding, “Heavens would not fall on the authorities if they hold their hands for some period”.

Further, the bench issued a list of guidelines for the executive to follow before demolishing a property.

Supreme Court guidelines on bulldozer action

• TheSupreme Court said the inhabitants of the house need to be given ample notice before demolition of the property to either contest the decision or to vacate the premises. The court clarified that this guideline need not be followed if the property is obstructing any road, water passage or railway line.
• The Supreme Court further said that no demolition should be carried out without prior show cause notice. The notice will be given to the property owner and fixed outside the property. After receiving the notice, the owner will be given 15 days to either vacate or contest the decision.
• To prevent any allegations of ante-dating, the court directed that as soon as notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate digitally by email, and anauto-generated reply acknowledging the receipt of the mail should also be issued by the office of the Collector/DM, the court said in its order.
• The authority issuing the notice will give the property owners/occupants the chance of a personal hearing. The minutes of this meeting will be recorded, said the court. The final order will be issued after the hearing, specifying why the extreme option of demolition is needed in the case.
• The property owner needs to be given an opportunity to remove the unauthorised structure before the demolition of the property, which shall not take place before 15 days.
• Only the section of the property which has unauthorised construction can be demolished. Before the demolition, a detailed report needs to be prepared by the authorities, and the proceedings of the demolition needs to be videographed and documented.
• If the demolition process is found to be in violation of the court-specified guidelines, the authorities and officers responsible for the same will be held liable for the restitution of the property at their personal cost.