SC blocks "bulldozer justice," mandates 15-day notice before property demolitions

The Supreme Court of India has set a landmark precedent, blocking the practice of "bulldozer justice" and mandating strict guidelines for demolitions carried out by the state. The ruling, delivered on Wednesday by Justices Bhushan R. Gavai and K.V. Viswanathan, emphasized that demolitions cannot be executed without judicial oversight, and the rule of law must be followed to ensure that individuals’ property rights are not violated arbitrarily. The Court particularly focused on demolitions carried out against individuals accused or convicted of criminal activity.

According to the Court’s ruling, authorities must provide at least a 15-day notice before carrying out any demolition. This notice must include clear details about the alleged violations and be issued by registered post, with a copy affixed to the property in question. The notice serves as an opportunity for the property owner to contest the action. This ensures that the individual is given a reasonable window of time to challenge the demolition order, which the Court views as an essential part of upholding fairness and due process.

The Court made it clear that demolitions cannot be used as a form of punishment, especially when it comes to individuals involved in criminal cases. Justice Bhushan R. Gavai, who was reading out the operative part of the judgment, emphasized that the executive cannot act as both the judge and executor. The Court declared that punitive actions such as demolitions must not be carried out before a proper trial and must follow established legal procedures. The Court further reaffirmed that the right to shelter is a fundamental right, and it cannot be arbitrarily taken away, particularly in the absence of judicial intervention.

In addition to the 15-day notice requirement, the Court has also mandated that all demolitions be recorded on video to ensure transparency and compliance with the new guidelines. Officials conducting demolitions are required to issue a "speaking order," providing an explanation for the decision and making it available to the affected parties. This speaking order must clearly outline the legal basis for the demolition. The Court also instructed district magistrates to oversee demolitions and ensure they are carried out legally. Any unauthorized demolitions, including those that disregard the due process, will subject the responsible officials to disciplinary action, contempt charges, and potential financial penalties. Furthermore, if demolitions are conducted without proper authority, the Court ruled that the responsible officials will be liable for compensation, which can be recovered from their salary or other personal resources.

While the ruling applies to demolitions related to criminal accusations, the Court clarified that it does not extend to demolitions of unauthorized constructions on public land. This includes roads, water bodies, footpaths, and forested areas, where the state’s power to remove illegal structures remains intact. The guidelines also exclude demolitions carried out as part of specific judicial orders. However, even in cases of public land violations, the Court stressed that the demolitions should be fair and transparent, with proper notices issued before any action is taken.

The ruling comes amid growing concerns over the selective demolition of properties, particularly in cases where individuals’ homes or businesses were demolished in the absence of legal proceedings. Justice Gavai condemned these selective demolitions as illegal and emphasized that all citizens should be treated equally under the law, irrespective of their background or criminal status. The Court also noted that the guidelines would apply uniformly across all states and Union Territories in India, ensuring consistency in the handling of demolitions and preventing any form of discrimination.