The Supreme Court Wednesday issued a significant ruling on the controversial “bulldozer action” by state governments, establishing firm guidelines to prevent arbitrary demolitions.
In its judgment, the apex court underscored the importance of constitutional rights, particularly the protection of citizens from unwarranted state action, emphasising that demolitions cannot be used as punitive measures against individuals accused of crimes.
Holding that the state and its officials can’t take any arbitrary and excessive measures, the Supreme Court said the executive can’t declare a person guilty and can’t become a judge and decide to demolish the property of an accused person.
The court directed authorities to provide a 15-day advance notice before any demolition is conducted.
The notice must detail the nature of the alleged unauthorised construction, the specific violations, and the grounds for the proposed demolition.
Additionally, the notice must be served by registered post and affixed to the exterior of the structure in question, ensuring that the property owner is adequately informed.
Importantly, the entire demolition process must be documented on video, with any breach of these procedures potentially resulting in contempt charges.
“Such an action of demotion of the house also cannot be against someone who is convicted of a crime since such an action by executive will be illegal and executive shall be then guilty of taking law into their own hands,” the top court ruled.
The Supreme Court also said that the right to shelter has been held to be a fundamental right and depriving innocent people of such a right will be wholly unconstitutional.
The Supreme Court highlighted that under the rule of law, individuals have the right to expect that their property will not be confiscated or demolished without due process.
The court stressed that executive bodies cannot bypass judicial procedure by declaring an individual guilty and then deciding to demolish their property, as this would constitute an unlawful encroachment upon judicial authority.
Taking a more humane approach on the issue, the court emphasised that the construction of a home represents years of dedication, savings, and hope for security and a stable future.
”For an average citizen, construction of a house is the culmination of years of hard work, dreams and aspirations. A house embodies collective hope of security and future ….,” the apex court noted.
Any deprivation of this right, the Supreme Court stated, must be justified as an absolute necessity by the authorities.
The ruling comes amid intense political debate, with opposition parties alleging that bulldozer actions in BJP-ruled states have targeted minority communities.