What Supreme Court said about ‘bulldozer justice’

Sub : Polity

Sec : Constitution

Context:

The Supreme Court of India recently issued guidelines regarding the demolition of properties by state authorities, particularly when properties are demolished as a form of punishment for the alleged criminal activities of the property owner.
The court has termed this practice as bulldozer justice.
The SC clarified that the guidelines do not apply to unauthorized structures in public places (e.g., roads, streets, footpaths, near railways, or water bodies) or where a court has ordered demolition.

About the case:

The case arose from a series of demolitions in states like Uttar Pradesh, Madhya Pradesh, Uttarakhand and Rajasthan.
The case challenged the practice of demolishing houses without due process and as a form of extrajudicial punishment.

Guidelines by the Supreme Court:

Notice before Demolition:

Property owners must receive a minimum of 15 days’ prior notice, starting from the date that the owner or the occupier receives the notice, before any demolition is carried out. The notice should include:
- Details of the structure to be demolished.
- Reasons for the demolition.
- A date for a personal hearing, where the owner can contest the demolition.
The notice must be delivered to the owner or occupier, and an email acknowledgment should be sent to the local Collector or District Magistrate to prevent backdating of the notice.

Hearing and Final Order:

A personal hearing must be conducted, and minutes of the hearing must be properly recorded. The final order of demolition must include:
- Arguments made by the property owner or occupier.
- Reasons why the demolition is necessary, and whether it applies to the entire structure or only a part of it.
- Justification for why demolition is the only available option.

Post-Order Procedures:

Once the final demolition order is received, there will be a 15-day waiting period before the demolition can take place. This allows the property owner time to either:
- Remove the structure voluntarily.
- Challenge the order in court and seek a stay.
If no stay is granted and the structure is not removed within 15 days, demolition can proceed.
Video documentation of the demolition must be recorded, and prepare an inspection report before and a demolition report after, including a list of personnel involved.

Reasoning behind the guidelines:

Separation of Powers: The SC emphasized that only the judiciary has the authority to adjudicate guilt and impose punishment. State authorities cannot bypass the judicial process and impose demolitions as a form of punishment.
Public Trust & Accountability: The court stressed the need for transparency in government actions and said that officials should be held accountable for improper demolitions.
Right to Shelter: Demolishing a property of an accused individual violates the constitutional right to life with dignity (Article 21), especially when other innocent individuals live in the property.

Ensuring fairness in demolitions:

The Court laid down a test to identify whether a demolition is genuinely related to an illegal construction or if it is intended as punishment for the accused.
If a particular property is demolished while other similar properties in the area remain untouched, it may indicate that the real motive was to punish the accused rather than to remove an illegal structure.