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Supreme Court Halts 'Bulldozer Justice,' Mandates 15-Day Notice Before Demolitions

Nov 13, 2024, 06:14 AM

On November 13, the Supreme Court of India delivered a landmark verdict, issuing pan-India guidelines on the demolition of properties, often referred to as 'bulldozer justice.' The Court held that the executive cannot replace the judiciary by arbitrarily declaring a person guilty and demolishing the property of an accused or convict without following due process. "The executive can't become judge and decide on demolitions," the Court stated. It emphasized that such actions are unconstitutional and violate rights guaranteed under the Constitution, including protection from arbitrary state action and the right to shelter. The Court mandated that no demolition should be carried out without a prior show cause notice, providing at least a 15-day period for the affected parties to respond or arrange for alternative accommodations. "It is not a happy sight to see women and children on the streets overnight," the Court observed. It also directed that demolition proceedings must be videographed and that authorities should assess whether the structure in question is the only illegal construction in the vicinity. The Court specified that its guidelines would not apply to unauthorized constructions on public land. Additionally, it warned officials against abuse of power and stated that compensation must be given to victims of illegal demolitions. The verdict underscores the importance of the rule of law and due process, reaffirming that "the legal process should not prejudge the guilt of an accused."