Supreme Court curbs “Bulldozer Justice”: Establishes protocol for demolition in criminal cases

In a landmark ruling on Wednesday, the Supreme Court of India declared it unlawful to demolish buildings or homes solely because they are owned or occupied by individuals accused of crimes.

| Updated: 13 November, 2024 2:08 pm IST

NEW DELHI: In a landmark ruling on Wednesday, the Supreme Court of India declared it unlawful to demolish buildings or homes solely because they are owned or occupied by individuals accused of crimes. A bench comprising Justices BR Gavai and KV Viswanathan delivered the verdict, invoking Article 142 of the Indian Constitution to enforce justice in such matters.

The court’s ruling emphasized that demolitions targeting accused individuals must follow a legal process that respects the rights of the affected parties. It highlighted that demolitions should not be conducted arbitrarily, as they can cause undue hardship to vulnerable groups such as women, children, and the elderly. The court stated, “It is distressing to see families forced onto the streets overnight. Authorities can afford a temporary delay.”

Key Directives for Demolition Protocol:

Right to Appeal: Sufficient time must be provided for property owners to appeal a demolition order.

Notice Requirement: No demolition can proceed without a show-cause notice, which must be served by registered post to the property owner and displayed on the property. A minimum of 15 days must be given after the notice.

Details of Violation: Notices must detail the specific violations, list required documents, and provide information on the personal hearing, including the authority before whom the hearing will be held.

Notification and Record-Keeping: Notices must be communicated to the District Magistrate (DM) via email, with acknowledgement received. DM’s will appoint nodal officers for these notifications.

Digital Portal: A portal will be established within three months to track notices, responses, and final orders.

Opportunity for Hearing: Authorities must offer a personal hearing, with the proceedings documented.

Assessment of Offense: Final orders must specify whether the offence is compoundable and, if necessary, consider alternatives to demolition for partial violations.

Self-Demolition Option: Property owners will have a 15-day window to rectify unauthorized structures before demolition proceeds.

Inspection Report: Prior to demolition, an inspection report signed by two independent witnesses must be completed.

Videography and Documentation: Demolition proceedings must be videographed, with all involved officials documented and uploaded on the portal.

These directives are set to be implemented across all states and Union Territories in India, to curb the misuse of demolition authority. This ruling follows petitions that criticized the actions of state governments, particularly in Uttar Pradesh, Gujarat, and Madhya Pradesh, where authorities had demolished properties of individuals suspected of criminal activity without due process.