SC calls bulldozer demolition ‘Chilling’ rules executive can’t order destruction of private property
The Supreme Court ruled that the executive cannot arbitrarily demolish homes or properties of accused individuals without due legal process. The Court emphasized that such actions violate the principles of the rule of law and separation of powers, as the executive cannot assume the role of the judiciary. It stated that demolishing a person’s property merely because they are an accused person is unconstitutional.
The Court stressed the importance of following the natural justice process and warned against the dangers of acting without due process, likening it to a system where “might is right.” The demolition of a home not only destroys property but also undermines the socio-economic aspirations of the individual and their family. The Court highlighted that the principle of criminal law presumes innocence until proven guilty, making collective punishment unjust.
In its verdict, the Supreme Court laid down guidelines to prevent arbitrary demolitions. It ruled that authorities must issue a notice before carrying out demolitions, giving the affected party sufficient time to challenge the decision. The notice must be served by registered post and affixed on the building, allowing the party 15 days to respond.
Additionally, the Court directed that municipal authorities should create digital portals to track demolition orders, ensuring transparency. It also stated that public officials responsible for demolitions should be held accountable for their actions.
The ruling came after applications challenged demolitions carried out in Muslim areas in Rajasthan, Madhya Pradesh, and Delhi, marking a significant stance on protecting citizens’ rights against arbitrary actions by the state.
