“You can’t demolish property this way!” Supreme Court issues nationwide guidelines against “Buldozer Justice”

The Supreme Court on Monday said it would issue nationwide guidelines to ensure that authorities carry out demolitions of unauthorised buildings in accordance with the law and not just because the owner is accused or convicted of another offence. The court was hearing a petition against “bulldozer justice” in which houses are demolished without “notice” as “revenge” for another offence of which the owner or a resident may be accused.

The top court said that the authorities must follow the rules laid down for demolition of unauthorised properties. The top court observed that this is an obvious violation of rules and that the Supreme Court will frame guidelines to resolve the issue at the next hearing. The case has been scheduled for September 17.

How can someone's property be destroyed in this way?, asks the Supreme Court

The bench comprising Justice BR Gavai and Justice KV Viswanathan questioned Attorney General Tushar Mehta as to how the property of an accused, suspect or even a convict could be destroyed in this manner.

The court found that the property of an accused or even a convicted person could not be destroyed in this way.

SG Mehta, appearing for the central and BJP-ruled states, told the court that they would take action only if there were violations of municipal laws. However, the top court said that after examining the complaints, it appeared that there had been a violation.

Quoting from his counter affidavit in court dated August 2022, SG Mehta said the government has stated that the mere fact that a person is accused of being involved in a crime is not a ground for demolition. Immovable property cannot be demolished because the owner/occupier is involved in a crime. And demolition can only be done as per municipal laws. He claimed that in cases where demolition was done, the relevant notices were issued long ago.

However, Justice Gavai noted that there had been no visible change in attitude despite the previous hearing. He said the court would protect unauthorised construction projects but would lay down guidelines to ensure that there were no violations of the law.

He also noted that legal violations were increasingly occurring during demolition work.

“If a construction is not approved, even in such cases it must be done in accordance with the law.” Judge Gavai recused himself.

Judge Viswanathan also warned that no one should exploit loopholes.

“A father may have a wayward son, but if a house is demolished on that land, that is not the right course of action,” observed Justice Viswanathan.

The Supreme Court has given governments until September 17 to submit proposals so that it can issue all-India guidelines.