The Supreme Court of India condemned punitive demolitions, stating that “Justice through bulldozers” is unacceptable. The court emphasized following due process before demolishing alleged illegal constructions. Highlighting citizens’ rights, it criticized selective actions by authorities and mandated procedural safeguards for demolitions. The ruling underscores the importance of protecting property rights and ensuring lawful enforcement, countering arbitrary state actions.
New Delhi: In a powerful stance against the rising trend of punitive demolitions, the Supreme Court of India recently denounced the practice, asserting that “Justice through bulldozers is unknown to any civilized system of jurisprudence” and is simply intolerable under the rule of law. This statement came from a Bench comprising Chief Justice of India DY Chandrachud and Justices JB Pardiwala and Manoj Misra, who emphasized that due process must be followed before demolishing any alleged illegal encroachments or structures in the country.
The Court expressed deep concerns over the actions of certain state authorities, which have resorted to bulldozing properties without following legal protocols, seemingly as “selective reprisals”. In its judgment, the Court stated,
“There is a grave danger that if high-handed and unlawful behavior is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons.”
The top court also highlighted that “Citizens’ voices cannot be throttled by a threat of destroying their properties and homesteads.”
This judgment was delivered in a case where a senior journalist had alleged that his ancestral home in Uttar Pradesh was demolished without prior notice. Authorities argued that the demolition was part of a road-widening project, but the journalist claimed it was in retaliation for a newspaper article that criticized the project. Seeing the actions as “high-handed and unilateral”, the Supreme Court directed the State of Uttar Pradesh to pay Rs 25 lakh as interim compensation to the affected journalist.
Condemning “Bulldozer Justice”
The Court’s ruling tackled the controversial notion of “bulldozer justice”, a trend where authorities demolish properties linked to those accused of criminal offenses. While underscoring that the law does not support illegal encroachments on public property, the Court also noted that a person’s ultimate security lies in their home. This essential right must be respected, and the Constitutional right to property under Article 300A cannot be dismissed by indiscriminate demolitions.
“Officials of the state who carry out or sanction such unlawful actions must be proceeded against for disciplinary action,” the Court ruled, adding that “Their infractions of law must invite criminal sanctions.”
Guidelines for Lawful Action Against Encroachments
The Supreme Court also laid out essential procedural safeguards for authorities to follow when removing encroachments, particularly in road-widening projects:
- Verify Road Width: Confirm the current width of the road using official records and maps.
- Conduct Survey and Demarcation: Ensure that any encroachment on public property is accurately identified.
- Issue Written Notice: Notify alleged encroachers with a proper, written order to vacate the space.
- Hear Objections: If an objection to the notice is raised, decide on it fairly and comply with principles of natural justice.
- Provide Adequate Notice: Should an objection be dismissed, ensure reasonable notice is provided before taking action.
- Acquire Land if Necessary: If the road expansion requires additional land, the state must legally acquire it before proceeding.
Ensuring Compliance Nationwide
The Court took further action by instructing its Registrar (Judicial) to circulate this judgment to Chief Secretaries of all States and Union Territories to reinforce adherence to the prescribed procedures, especially for road-widening initiatives. By doing so, the Court aims to ensure that state governments uphold due process and protect citizens from arbitrary demolitions.
This ruling stands as a landmark in asserting that “Justice through bulldozers” has no place in a lawful, democratic society. It emphasizes that while encroachment laws must be respected, the government cannot bypass the rule of law in its enforcement. With these directions, the Supreme Court has reaffirmed the importance of due process, the right to property, and protection against high-handed actions by state authorities.
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