In a landmark ruling on November 13, 2024, the Supreme Court of India, in the case In Re: Directions in the matter of Demolition of Structures v. and Ors. | Writ Petition (Civil) No. 295 of 2022, took a strong stance against the practice of “bulldozer justice,” where the executive branches of government take punitive actions, such as demolishing properties, without following due legal process. The Court declared that demolishing the property of individuals merely accused or convicted of a crime is a violation of the rule of law, the principle of separation of powers, and basic natural justice. The ruling came in response to growing concerns about unlawful demolitions in various states, often used as a form of extrajudicial punishment. The Court’s decision provides significant guidance on the appropriate legal procedures that must be followed before any demolition takes place, ensuring that such actions are conducted transparently, fairly, and in accordance with constitutional principles. This judgment sets a crucial precedent for the protection of individual rights and the upholding of due process in a democratic society.
Key Judgments and Comments from the Supreme Court’s Ruling on “Bulldozer Justice”
- Principle of Rule of Law & Separation of Powers
- The Supreme Court emphasized that the executive cannot demolish properties solely based on accusations or convictions, as this violates the rule of law and breaches the separation of powers. Only the judiciary has the authority to pronounce guilt.
- Demolishing property without a fair judicial process constitutes “bulldozer justice,” undermining constitutional democracy and the principles of natural justice.
- Public Accountability for Illegal Demolitions
- The Court held that public officials who engage in unauthorized demolitions must be held accountable and face consequences for taking the law into their own hands.
- Collective Punishment
- The judgment noted that demolitions impose “collective punishment” on families of accused persons, and selective demolitions could be seen as acts of malafide intent.
- Guidelines for Demolition Procedures
- Notice and Opportunity to Challenge: Before demolishing a structure, affected parties must receive prior show-cause notice, and have the opportunity to challenge the demolition order.
- Time for Compliance: Even if the order is not contested, reasonable time should be given for residents to vacate, especially in cases involving families.
- Prior Show-Cause Notice: Demolition should not proceed without issuing a show-cause notice, which should be served by registered post and posted on the structure, with a minimum notice period of 15 days.
- Transparency: Municipalities are to create digital portals to track the demolition process and provide public access to related documents.
- Personal Hearing and Final Order: Authorities must offer a personal hearing to affected parties, record the hearing minutes, and detail why demolition is necessary in the final order.
- Judicial Review: Demolition orders must not be implemented for 15 days, allowing affected parties time to appeal.
- Scope of Demolition: Only non-compoundable parts of unauthorized constructions should be demolished.
- Videographic Documentation: Demolition processes must be recorded, with a full report submitted to municipal officials and uploaded on the digital portal.
- Consequences for Non-Compliance
- Violating the Court’s guidelines will result in contempt proceedings, and officials responsible for unauthorized demolitions may be held liable for restitution at their personal expense.
- Background Context
- The ruling stemmed from petitions filed by Jamiat Ulema-i-Hind and others against punitive demolitions without due process, notably following incidents in Delhi’s Jahangirpuri and other states.
- The Court had previously issued an interim order halting demolitions except in cases of public encroachment, and it reaffirmed its commitment to upholding the rule of law.
- Acknowledgment of Legal Assistance
- The Court acknowledged the valuable contributions of Senior Advocates and legal professionals in forming these guidelines.
Conclusion:
The Supreme Court’s ruling in In Re: Directions in the matter of Demolition of Structures v. and Ors. firmly upholds the rule of law, ensuring that demolitions cannot be used as punitive measures by the executive. By setting clear guidelines for due process, the Court protects individuals from arbitrary actions and reinforces the principles of justice and fairness in a constitutional democracy.
