'Bulldozer' Actions Remind Of Lawlessness: Supreme Court Says Properties Can't Be Demolished Merely Because Of Criminal Accusations/Convictions

Sending a strong message against the trend of "bulldozer justice", the Supreme Court on Wednesday (November 13) held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime.Permitting such action by the executive is contrary to the rule of law and also a violation of the principle of separation of powers, as it is for the judiciary to pronounce on the guilt of a person."The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits.The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”. In our constitution, which rests on the foundation of 'the rule of law', such high-handed and arbitrary actions have no place. Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law. Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law," the Court pronounced.The Court emphasised that house demolition cannot be an action against a person convicted of an offence:"Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law.Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law."Officials taking part in illegal demolition to be held accountableThe Court also held that the public officials who demolish the properties in such a manner should be held accountable. "Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability..." the Court observed while highlighting the importance of restitution.The Court also observed that such actions amount to imposing "collective punishment" on the family of the accused/convict. Further, when properties are selectively demolished, there is a presumption that it was a malafide action."When a particular structure is chosen for demolition all of a sudden, and the rest of similar properties are not touched, the presumption could be that the real motive was not the illegal structure but the action of penalising without trial," the Court observed.A bench of Justices BR Gavai and KV Viswanathan pronounced the judgment in a batch of petitions filed by Jamiat Ulema-i-Hind and various other petitioners seeking directions to stop the trend of "bulldozer justice".Directions laid down by the CourtThe Court issued a set of steps to be followed before demolition.Even after the orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before the appropriate forum.Even in cases of persons who do not wish to contest the demolition order, sufficient time needs to be given to vacate."It is not a happy sight to see women, children and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period," the Court observed.The Court clarified that that these directions will not be applicable if there is any unauthorised structure in any public place such as road, street, footpath, abutting railway lines or any river body or water body and also in cases where there is an order passed by a Court of law.Prior show-cause noticeNo demolition should be carried out without prior show cause notice returnable either in accordance with the time provided in the local municipal laws or within 15 days time from the date of service, whichever is later. The notice shall be served upon the owner by registered post. It shall also be affixed on the outer portion of the structure. The time of 15 days will start from the receipt of the said notice.To prevent any allegations of ante-dating, the Court directed that as soon as notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate digitally by email and auto-generated reply acknowledging the receipt of the mail should also be issued by the office of the Collector/DM.The DM shall designate a nodal...

'Bulldozer' Actions Remind Of Lawlessness: Supreme Court Says Properties Can't Be Demolished Merely Because Of Criminal Accusations/Convictions

Debby Jain

The Court issued a set of directions to be followed by the authorities before demolishing properties.

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