Yesterday, On 14th October, The Supreme Court rejected a new plea regarding the use of bulldozers in demolition actions, stating that the matter has already been settled. After a delayed hearing, the court reserved its judgment on October 1 for a set of petitions challenging the legality of these demolitions. The case focuses on whether such actions are justified or violate legal standards.
New Delhi: The Supreme Court, On Monday, declined to hear a plea seeking compensation for individuals whose homes are demolished by government authorities. The court stated that the matter had already been closed and instructed the petitioner to withdraw the petition, which was subsequently done.
The plea argued for compensation in cases where homes are damaged due to bulldozer actions, requesting that the names of both the officers involved and those affected be made public.
However, a bench led by Justice BR Gavai refused to entertain the petition, stating,
“The matter is already closed for judgment. Either you withdraw it, or we will reject it.”
Following this, the counsel agreed to withdraw the petition.
On October 1, the Supreme Court reserved its judgment on a series of petitions challenging the use of bulldozers to demolish properties allegedly connected to individuals involved in criminal activities, citing illegal construction. This practice, often referred to as “bulldozer justice,” sparked significant controversy, with accusations of religious bias.
State governments have argued that the demolitions target illegally constructed buildings or those on encroached land. During the hearing, the court acknowledged that demolitions are permitted for illegal construction or encroachment.
However, it emphasized that demolitions should not be conducted solely based on an individual’s criminal record, even if they are convicted. The court further directed that state governments must seek its permission before proceeding with the demolition of illegally built structures.
The plea filed amidst growing concerns over the practice known as “bulldozer justice,” where bulldozers are employed by state authorities to demolish properties allegedly linked to individuals involved in criminal activities or those accused of engaging in illegal construction. The plea contended that wherever damage is caused by bulldozer action, there should be legal provisions to provide compensation to the victims. The petitioners also emphasized transparency, requesting that both the names of the officers carrying out the demolitions and the people affected by them should be made public.
The Supreme Court also announced its intention to issue pan-India guidelines to address concerns regarding the demolition of homes and buildings.
In reserving its judgment, the bench of Justices BR Gavai and KV Viswanathan reiterated that India is a secular country and that its directives on bulldozer actions and anti-encroachment drives would apply universally, regardless of religion.
In conclusion, the Supreme Court’s refusal to entertain the fresh plea signals its intent to address the matter holistically, with a reserved judgment expected to provide much-needed clarity on the legality of bulldozer demolitions and the safeguards required to protect the rights of individuals affected by such actions.
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