Today, On 13th November, the Supreme Court remarked in its judgment on bulldozer actions that “It is distressing to witness women and children left on the streets overnight,”. The bench, comprising Justices B.R. Gavai and K.V. Viswanathan, emphasized the gravity of such actions, cautioning that any breach of the Court’s guidelines would result in contempt proceedings. This strong stance underscores the importance of protecting vulnerable individuals and upholding due process.
New Delhi: In a strong stance against “bulldozer justice,” the Supreme Court issued nationwide guidelines on property demolitions, emphasizing that the Executive cannot assume judicial functions by declaring an accused guilty and demolishing their home.
Justices B.R. Gavai and K.V. Viswanathan ruled that,
“It will be totally unconstitutional for homes to be demolished solely on the basis of accusations or convictions,”
Asserting that such actions violate due process and the rights of accused individuals under the Constitution.
The Court clarified that the construction of a home is “not just a property but symbolizes years of struggle and socio-economic aspirations.”
It noted the distressing impact on families, saying,
“It is not a happy sight to see women, children on streets overnight.”
Key guidelines include the requirement for a show-cause notice served by registered post and posted on the property, detailing the alleged violations and a scheduled personal hearing. The affected party must receive at least 15 days from the notice date and 7 days post-service before further action is taken.
Further instructions mandate the Collector and District Magistrate to appoint nodal officers overseeing municipal demolitions.
All demolition orders and related details must be accessible on a designated digital portal. If an unauthorized structure is deemed non-compoundable, authorities must justify why demolition is necessary.
The owner must be allowed 15 days to remove the structure voluntarily if the order is not stayed by an appellate body.
Additionally, demolitions must be video graphed, with recordings preserved and reports submitted to the municipal commissioner.