Why in the News?

The Supreme Court of India has issued landmark guidelines to regulate the demolition of properties by state authorities, addressing the issue of "bulldozer justice." This term gained attention after demolitions were carried out as punitive measures against accused individuals without due process. The Court’s verdict emphasizes the need for transparency, accountability, and adherence to constitutional rights before demolitions can take place.

Guidelines on Bulldozer Justice

• The Supreme Court laid down crucial guidelines to ensure that demolitions by state authorities follow due process and do not violate the fundamental rights of individuals. The guidelines include:
• Providing Notice:
  • A minimum of 15 days’ notice must be given to the property owner or occupier before any demolition.
  • The notice should specify the structure to be demolished, the reasons for demolition, and a date for a personal hearing where the owner can contest the action.
  • The notice should also be sent via email to the local collector or district magistrate for acknowledgment to avoid allegations of backdating.
• Hearing & Final Order:
  • A proper hearing must be conducted, and minutes should be recorded.
  • The final order must include details like the arguments made by the owner, the authority’s justification for the demolition, and whether the entire property or part of it will be demolished.
  • Reasons for considering demolition as the only option must be clearly mentioned.
• Post-Order Procedures:
  • After the final order is issued, a 15-day waiting period is required before demolition can be carried out.
  • During this period, the property owner can either remove the construction or challenge the order in court.
  • If the demolition proceeds, it must be recorded on video, and inspection and demolition reports must be prepared, documenting the process and personnel involved.