SC slams 'bulldozer justice': All about apex court's pan-India guidelines to regulate 'bulldozer' action

Supreme Court

In a significant ruling, the Supreme Court on Wednesday, questioned the executive on 'bulldozer justice' and categorically stated that the state cannot overstep its constitutional remit. The top court was hearing a petition against 'bulldozer justice'.

The apex court laid down a strict code for bulldozer demolition. It ruled that in case of violations the officers concerned will be responsible for restitution of property at personal cost, in addition to damages.

The bench of Justice BR Gavai and Justice KV Viswanathan delivered its judgment on petitions challenging bulldozer action against people accused of crimes. This trend, which has caught on in several states, is referred to as 'bulldozer justice'. State authorities have, in the past, said only illegal structures were demolished in such cases.

During the hearing, the apex court made it amply clear that citizens’ voices cannot be throttled by a threat of destroying their properties, and “bulldozer justice” is simply unacceptable under the rule of law, the Supreme Court has said.

In a separate but related hearing, the SC observed that justice through bulldozers was unknown to any civilised system of jurisprudence, a bench headed by Chief Justice D. Y. Chandrachud said the State must follow due process of law before taking action to remove illegal encroachments or unlawfully constructed structures.

Deciding on the issue of framing a pan-India guidelines to regulate “bulldozer” action by authorities, the top court laid out the following missive:

A) No demolition without prior 15-day notice.

B) The notice shall be served upon the owner by registered post and fixed on the outer portion of the structure.

C) People need to be given adequate time to respond to demolition queries.

D) Demolition action should be adequately videographed.

E) Demolition report to be sent to district collector.

F) Authorities to facilitate personal hearing for the affected individuals.