Bulldozer justice `totally unconstitutional': Supreme Court rules

The Supreme Court on Wednesday laid down pan-India guidelines to prevent arbitrary demolitions of people's properties in the country. The top court said it was not a happy sight to see women, children, and ailing persons dragged to the streets overnight.

A bench of Justices BR Gavai and KV Viswanathan issued the direction after hearing pleas seeking the framing of guidelines on the demolition of properties.

The Supreme Court stated that it finds it necessary to issue certain directions in the exercise of its powers under Article 142 of the Constitution, to allay the fears in the minds of the citizens.

The apex court noted that an executive cannot become a judge, declare an accused guilty, and demolish the victim's house.

Follow these steps before you demolish

— The Executive can't replace the Judiciary in performing its core function.

— It will be ‘totally unconstitutional’ if the houses of people are demolished merely because they are accused or even convicts.

— No demolition should be carried out without a prior show-cause notice, returnable either in accordance with the time provided by the local municipal laws or within 15 days from the date of service of such notice, whichever is later.

— Even after the order of demolition is passed, the affected parties need to be given some time to challenge the order before an appropriate forum.

— Even in cases where people do not wish to contest the demolition order, sufficient time needs to be given to them to vacate the place.

— Notice shall be served upon the owner by registered post and additionally, notice shall also be affixed on the outer portion of the structure.

— The collector and DM will appoint nodal officers in charge of demolition, as reported by Bar and Bench.

— The authority shall hear personal hearings and minutes shall be recorded, and the final order is thereby passed.

— It should answer if an unauthorised structure is compoundable, and if only a part is found non-compoundable, and it has to be found why the extreme step of demolition is the only answer.

— Proceedings of demolition to be videographed. Video to be preserved, and said demolition report is to be forwarded to the Municipal Commissioner.

— Violation of any of its directions would lead to the initiation of contempt proceedings.

— If the Executive, in an arbitrary manner, demolishes the house of a citizen only on the ground that they are accused of a crime, then it acts contrary to the principles of the rule of law.

Exception: The bench clarified that its directions will not be applicable if there is any unauthorised structure in any public place such as roads, streets, or footpaths, abutting railway lines or any river or water body and also to cases where there is an order for demolition made by a court of law.

‘Not a happy sight’

The apex court said that it is not a happy sight to see women, children, and ailing persons dragged to the streets overnight. "Heavens would not fall on the authorities if they hold their hands for some period," the court said.

The court noted that the accused and convicts have certain rights and safeguards under the Constitution and criminal law.

(By arrangement with livemint.com)