New Delhi: Supreme Court issued its first guidelines aimed at curbing arbitrary demolitions by state authorities on Wednesday, stating that citizens' rights cannot be suppressed under the threat of property destruction. The top court noted that ‘bulldozer justice’ is incompatible with a society governed by the rule of law.
While announcing the verdict, Justice J B Pardiwala and Manoj Misra, declared, “Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter,"
Chief Justice D Y Chandrachud, leading a Supreme Court bench, stated that using bulldozers as a form of justice is foreign to any civilized legal system. The bench said that authorities must follow proper legal procedures before taking action to remove illegal encroachments or unauthorised structures.
"Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," PTI quoted the verdict delivered on November 6.
SC’s Guidelines On Bulldozer Demolition
The bench stated that municipal laws and town-planning regulations already have sufficient provisions to address illegal encroachments. In addition to that, the Supreme Court outlined six mandatory steps before any property can be demolished, even for development projects:
1. Authorities must verify land records and maps.
2. A proper survey to identify actual encroachments must be conducted.
3. Written notices must be issued to those accused of encroaching.
4. Objections must be considered, and reasoned orders should be issued.
5. Adequate time must be given for voluntary removal of encroachments.
6. Additional land should be legally acquired if needed.
The guidelines were introduced as the Supreme Court delivered its verdict on a case involving the 2019 demolition of a house in Uttar Pradesh’s Maharajganj district. The Supreme Court further ordered the UP government to provide an interim compensation of Rs 25 lakh to the petitioner and directed the state’s chief secretary to begin disciplinary action and file criminal charges against the officials and contractors involved in the unauthorized demolition of the house. The court noted that the demolition was carried out without notice or documentation to justify road expansion in the area.
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