Wed Nov 13 08:38:33 UTC 2024: ## Supreme Court Slams ‘Bulldozer Justice’, Issues Strict Guidelines for Demolitions
**New Delhi:** The Supreme Court of India has taken a firm stand against the practice of “bulldozer justice,” ruling that the executive cannot act as judge and jury, and that demolishing homes without proper legal process is a violation of fundamental rights.
In a landmark judgment delivered today, the bench of Justice BR Gavai and Justice KV Viswanathan declared that the “chilling sight” of bulldozers demolishing buildings without adhering to due process is reminiscent of a lawless state where “might is right.” The court emphasized that the rule of law, separation of powers, and the right to a fair trial are sacrosanct principles that must be upheld.
The ruling came in response to numerous petitions challenging the trend of state authorities using bulldozers to demolish properties of individuals accused of crimes, often without proper legal proceedings. The court asserted that the Executive cannot replace the Judiciary in determining guilt, and that punishing an accused person by demolishing their home is both arbitrary and cruel.
**Key Points from the Judgment:**
* **No more arbitrary demolitions:** The court has mandated that no demolition can be carried out without a proper showcause notice, allowing the accused person 15 days to respond.
* **Fair hearing is mandatory:** The authorities must hear the accused person before passing a final order for demolition.
* **Appeal process:** The homeowner will be given 15 days to remove the illegal structure, and demolition will only proceed if an appellate authority doesn’t intervene.
* **Accountability:** Officials who violate these guidelines will be held accountable and may even face contempt proceedings. They will also be responsible for the restitution of demolished property, with the cost deducted from their salaries.
* **Digital transparency:** All local municipal authorities are required to set up a digital portal within three months, containing details of showcause notices and final orders related to illegal structures.
The judgment specifically exempts demolitions of unauthorized structures in public spaces like roads, footpaths, and railway lines, as well as cases where a court order for demolition exists.
The Supreme Court’s strong stance against “bulldozer justice” and its comprehensive guidelines for demolitions are expected to have a significant impact on how states handle illegal constructions and the rights of accused individuals.
First Piper 