Supreme Court on bulldozer action: ‘No demolition without following guidelines, 15-day notice’

The Supreme Court on Wednesday directed that no demolition should be carried out without prior 15-day notice to the owner of the property and without following the statutory guidelines.

The Supreme Court said the notice shall be served upon the owner by registered post and fixed on the outer portion of the structure. The notice shall contain the nature of unauthorised construction, details of the specific violation, and grounds for demolition. The demolition has to be videographed, and violation of guidelines will invite contempt.

“Rule of law and the rights to citizens against arbitrary action of the executive. Legal process can’t condone such action… Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for protecting constitutional democracy,” a bench of justices BR Gavai and KV Vishwanathan said.

The bench, in its order, also said the executive cannot replace the judiciary in performing the latter’s core functions.

“If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said.

The apex court also said authorities must be able to show that demolition is the only recourse available, even in cases where there are some encroachments. Giving the direction, the bench said all notices should be put up on a designated portal of the municipal body, while notices must also be sent through registered post.

The court added that the district magistrates are made accountable for monitoring compliances.

The court was hearing various petitions relating to bulldozer practice by the authorities to demolish immovable properties. One of the applications filed recently said the increasing culture of illegal demolitions in the country turning extra-legal punishment by the State into a norm, and minorities and marginalized communities have been increasingly victimised by using extra-legal demolitions as a tool of punishment and creating a harrowing precedent for people in general and for the members of the minority communities in particular.

On October 1, the top court reserved the order after hearing the matter for a length. The Supreme Court also extended an interim order for not demolishing any property without permission till further orders. However, the interim order will not apply to any unauthorised constructions, including religious structures on roads and footpaths, among others.

The Supreme Court had earlier remarked that public safety is paramount, and whether it be temple, dargah or gurudwara in the middle of the road it has to go as it cannot obstruct public.

The top court remarked during the hearing that India is a secular country and clarified that it will issue directions for pan-India, which apply to all religions. The court made it clear that demolition can’t be conducted merely on the grounds that the person is accused or convicted.

The top court had said that it is only concerned about the misuse of municipal laws. The Supreme Court also expressed concern on the issue of whether there are two structures in violation and action is taken only against one, and later, one finds the criminal background soon after. SC had also said that there has to be a law for unauthorised constructions, and it is not dependent on religion or faith or beliefs.

The court had remarked that there will be different laws for municipal corporations, nagar panchayats and suggested an online portal for awareness.

On September 17, the top court ordered that across the country, no property demolition would take place without the permission of the court until October 1, the next date of hearing. However, the court clarified that this order would not be applicable to any unauthorised construction on public roads and footpaths, among other things.