Supreme Court on bulldozer action
New Delhi: The Supreme Court, in a ruling on Wednesday, mandated that no demolition of property may occur without a prior notice of 15 days to the property owner and adherence to established statutory procedures. The Court specified that the notice must be delivered to the owner via registered mail and affixed to the exterior of the property. This notice should outline the nature of the unauthorized construction, detail the specific violations, and provide the rationale for the demolition. Furthermore, the demolition process must be recorded on video, and any breach of these guidelines will result in contempt proceedings.
A bench comprising Justices BR Gavai and KV Vishwanathan emphasized the importance of the rule of law and the protection of citizens’ rights against arbitrary executive actions. They stated, “The legal process cannot endorse such actions… The rule of law prohibits arbitrary measures. Violations can lead to lawlessness, and safeguarding civil rights is crucial for upholding constitutional democracy.”
The bench also asserted that the executive branch must not usurp the judiciary’s essential functions. The Court remarked, “If the executive assumes the role of a judge and orders the demolition of a property without adhering to legal procedures, it constitutes a violation of the rule of law. The state cannot engage in arbitrary actions against individuals without following due process.” Additionally, the apex court indicated that authorities must demonstrate that demolition is the sole viable option, even in instances of encroachment.
In issuing these directives, the bench instructed that all notices be published on a designated municipal portal, and that they also be sent via registered mail. The Court further stated that district magistrates will be held accountable for ensuring compliance with these requirements.
