Wed Nov 13 06:43:58 UTC 2024: ## Supreme Court Slams ‘Bulldozer Justice’, Mandates Due Process Before Demolitions

**New Delhi:** In a landmark ruling today, the Supreme Court of India has condemned the practice of demolishing houses without following due process of law, terming it “unconstitutional” and a violation of fundamental rights. The court, hearing a petition against what is being called “bulldozer justice,” emphasized that the executive cannot replace the judiciary and should not prejudge an accused’s guilt.

The bench, led by Justices BR Gavai and K V Viswanathan, issued strong pronouncements against the practice of demolishing houses based solely on allegations or convictions, stating that such actions are arbitrary and excessive. The court highlighted the right to shelter as a fundamental right under Article 21 of the Constitution and emphasized that demolition should only be considered as a last resort.

“It is not a happy sight to see women and children on streets overnight,” Justice Gavai said, referring to the hardships faced by families displaced by such actions. The court emphasized that any demolition must be preceded by a proper show-cause notice and a chance for a fair hearing.

The bench issued a set of clear directives to ensure due process:

* **Prior Notice:** All demolitions must be preceded by a show-cause notice, returnable within 15 days, informing the property owner about the alleged violation and grounds for demolition.
* **Personal Hearing:** The designated authority must provide the accused with a personal hearing, with minutes of the meeting being recorded.
* **Transparency:** Demolition proceedings must be videographed, and a detailed report displayed on a digital portal.
* **Accountability:** Any violation of these directives will result in contempt proceedings against the responsible officials, who will be held personally liable for the restitution of the demolished property and damages.

The Supreme Court’s ruling sends a strong message against the misuse of power and reaffirms the importance of due process and the rule of law. The judgment is expected to have a significant impact on the practice of “bulldozer justice” across the country, ensuring that individuals are not deprived of their homes without a fair and just process.

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