Supreme Court Orders Strict Guidelines for Demolitions, Mandates 15-Day Notice
In a landmark ruling, the Supreme Court on Wednesday emphasized the need to follow statutory guidelines for property demolitions, establishing a mandatory 15-day notice period for owners prior to any demolition action. This decision, made in the context of a growing trend of demolitions deemed “bulldozer justice,” highlights the court’s commitment to protecting citizen rights against arbitrary executive actions.
A bench comprising Justices BR Gavai and KV Vishwanathan underscored that all demolitions must strictly adhere to the legal framework. The court mandated that notices be issued to property owners by registered post, as well as displayed prominently on the outer part of the property in question. The notice must outline the specific violations, unauthorized construction details, and explicit grounds for demolition. Moreover, the bench specified that each demolition should be recorded on video, with any breach of the guidelines potentially leading to contempt proceedings against responsible authorities.
In reinforcing the rule of law, the court pointed out that arbitrary actions by the executive could lead to increased lawlessness, compromising the foundation of constitutional democracy. The bench stated, “Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for preserving constitutional democracy.”
In addition, the court highlighted that the executive branch should not assume the judiciary’s role in adjudicating property disputes. “If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law,” the court asserted. This warning serves as a reminder that only the judiciary can execute judicial functions, reinforcing the need for due process in any punitive action.
The Supreme Court also ordered that all notices should be posted on a designated municipal portal and mailed via registered post, ensuring transparency and accessibility for affected parties. Additionally, the ruling placed accountability on district magistrates to monitor and enforce compliance with these directives.
In conclusion, the Supreme Court’s ruling is seen as a significant step in protecting citizens’ rights against unauthorized demolitions, upholding legal procedures, and affirming that demolitions should be a last resort. The court’s directives seek to balance state authority with individual rights, reinforcing that justice must be conducted within the confines of established law.
