Wed Nov 13 05:31:35 UTC 2024: ## Supreme Court Condemns Illegal Demolitions, Orders Compensation for Victims
**New Delhi, November 13, 2024:** The Supreme Court of India has delivered a strong rebuke to the practice of illegal demolitions of private property, including homes of accused persons. In a landmark ruling, the court declared that compensation must be provided to those affected by such actions.
The court, in a suo motu case, asserted that the state cannot usurp judicial functions by acting as judge and jury, declaring individuals guilty before a court of law. The apex court deemed the demolition of private residences of accused persons, without due process, as an arbitrary and discriminatory act.
Justice B.R. Gavai emphasized that “the construction of a house for an average citizen is an embodiment of years of aspiration, dreams of security.” He declared that bulldozing private homes is a “naked display of the dictum ‘might is right’,” a practice incompatible with a democratic society.
While reaffirming the right of the state to demolish unauthorized structures, the court issued a series of guidelines to ensure fairness and due process:
* **15-Day Notice:** Residents must be given a minimum of 15 days’ notice to secure alternative accommodation before any demolition takes place.
* **Protection of Vulnerable Groups:** Children, women, and senior citizens must be protected from being rendered homeless.
* **Video Recording of Demolitions:** All demolitions must be videographed and submitted as evidence, should the legality of the action be challenged.
The court’s ruling is a significant step towards safeguarding the rights of citizens and ensuring that the state operates within the bounds of the law. It sets a precedent for the protection of individual property rights and the due process of law in India.
First Piper 