SC puts brakes on ‘Bulldozer Culture’

The Supreme Court of India recently laid down a set of guidelines to ensure that demolitions of properties by state authorities follow due process and do not serve as a form of punishment without trial. This ruling came after cases where properties were demolished for alleged involvement in criminal activities, particularly in states like Uttar Pradesh, Madhya Pradesh, and Rajasthan. The guidelines aim to protect citizens' rights and ensure transparency in such actions.

Case Background and Trigger

• The case was prompted by incidents in Udaipur (Rajasthan) and Ratlam (Madhya Pradesh) where state authorities demolished properties of individuals accused of crimes, raising concerns about due process violations.
• The Supreme Court’s verdict followed a reference by Chief Justice D Y Chandrachud, who criticized such demolitions as a form of "bulldozer justice," which bypasses legal procedures.
• Several petitions challenged the practice of demolishing properties as a punitive measure, particularly when no court order exists or trial has been held.

Supreme Court’s Guidelines

The Supreme Court laid down a series of clear, constitutional guidelines for demolitions:

• Notice Requirement: The property owner or occupier must be given at least 15 days’ notice before any demolition. This notice should include details of the structure, reasons for demolition, and a date for a personal hearing.
• Transparency: A copy of the notice must be sent to the local authorities, with an acknowledgment of receipt to prevent backdating.
• Hearing and Final Order: A hearing must be conducted where the property owner can present their case, and the minutes of the hearing must be recorded.
  • The final demolition order must include clear reasons explaining why demolition is the only option, whether the entire structure or only part of it is to be demolished, and the arguments presented by the property owner.
• Post-Order Procedure
  • 15-Day Grace Period: After the final demolition order is issued, there must be a 15-day window before the demolition is carried out, allowing the owner to remove the structure or challenge the order in court.
  • Documentation: Before demolition, authorities must record the condition of the property with video evidence. A detailed report, including the personnel involved in the demolition, must also be prepared.

SC’s Reasoning and Legal Principles

• Separation of Powers
  • Judiciary vs Executive: The Supreme Court emphasized that it is the judiciary’s responsibility to determine guilt, not the executive (government authorities). Demolition cannot be used as a punishment before a person has been tried and convicted in court.
  • Unconstitutional Punishment: Demolishing property without judicial approval amounts to an unconstitutional punishment, as the executive cannot replace the judiciary's role.
• Public Trust and Accountability
  • Accountability of Public Officials: The Court stressed that officials who issue demolition orders must be held accountable. High-handed actions by the state, like demolishing properties without following due process, undermine public trust and must be corrected.
  • Transparency: The guidelines aim to ensure transparency in government actions and prevent arbitrary decisions that could harm innocent people.
• Right to Shelter
  • Protection of Innocent Lives: The Supreme Court reinforced that the right to life under Article 21 of the Constitution includes the right to shelter. Demolishing the property of an accused person could unfairly affect other family members who are innocent.
  • Targeting Specific Properties: The Court noted that demolitions should not appear to target specific individuals or families as a form of collective punishment. When similar violations in the area are ignored, it suggests an improper motive.