Guidelines to be set for lawful demolitions, permission needed only in specific cases
Team Clarion
NEW DELHI – The Supreme Court has temporarily paused bulldozer operations across the country until October 1, unless granted prior permission by the court. The stay was issued amid growing concerns that properties were being demolished without due process of law, particularly targeting minorities.
During a hearing on Tuesday, the court made it clear that demolition of illegal constructions on public roads, water bodies, and railway lines can proceed without permission. However, it questioned the rationale behind demolishing private properties merely because the owner is accused of a crime. “How can someone’s house be demolished simply because they are an accused? Even if they are guilty, the law must be followed,” the court remarked.
The Supreme Court, led by a bench comprising Justices BR Gavai and KV Viswanathan, emphasised that no one should be punished unfairly for another’s wrongdoing, stating: “An innocent father may have a son, or vice versa, and both should not be punished for each other’s crimes.”
The issue of “bulldozer justice” came to the forefront after petitions, including one from Jamiat Ulema Hind, raised concerns about the legality and fairness of demolitions being used as a punitive measure. These petitions highlighted that homes were being razed without proper legal procedures in several states, often targeting individuals based solely on their accused status.
In response, the Supreme Court announced its intent to establish nationwide guidelines for when and how properties can be demolished under municipal land laws. The guidelines are expected to ensure that all demolitions are carried out lawfully and fairly, preventing arbitrary actions.
“The process should be streamlined,” the court stated, indicating that new regulations will ensure demolitions are only carried out in compliance with established legal procedures.
The Supreme Court’s intervention is a significant step in addressing the controversial use of bulldozers as a tool for instant justice, and many are now awaiting the forthcoming guidelines that will bring clarity to the practice across the country.
