Bulldozer Action: SC Rejects Fresh Plea, Insists Matter Already Closed

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 The petition argued for compensation in bulldozer action and disclosure of involved parties

Team Clarion

NEW DELHI — Asserting that the matter has already been closed, the Supreme Court on Monday declined to hear a plea seeking compensation for people in the event of government authorities demolishing their houses. The court also asked the petitioner to withdraw the petition, which was subsequently done.

The plea argued that wherever there is damage due to bulldozer action, compensation should be provided to the victims, and the names of the officers involved, as well as those affected, should be made public.

A division bench of Justice BR Gavai and KV Viswanathan refused to entertain the case and said: “The matter is already closed for judgment. Either you withdraw it, or we will reject it.” The counsel then agreed to withdraw the petition.

On October 1, the apex court reserved its judgment on a batch of petitions challenging the use of bulldozers to demolish properties allegedly linked to individuals involved in criminal activities, citing illegal construction. This practice, often termed “bulldozer justice,” has been a subject of significant controversy, with allegations of bias based on religion.

State governments had argued that the demolitions were carried out on buildings located on encroached land or those illegally constructed. During the hearing, the court noted that buildings could be demolished in cases of illegal construction or encroachment. However, the top court emphasised that no demolitions should be carried out based on individuals’ criminal records, even if a person has been convicted. The court stated that state governments should seek its permission for the demolition of illegally built structures.

The Supreme Court also stated that it would issue pan-India guidelines to address concerns regarding the demolition of houses and buildings.

Reserving its judegment, the bench also observed that India is a secular country and that its directions on bulldozer actions and anti-encroachment drives would apply irrespective of any religion.

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