New Delhi, November 13: In a landmark judgment, the Supreme Court of India has on Wednesday, established strict guidelines for demolition actions, emphasizing that properties cannot be demolished solely on the basis of criminal accusations or convictions.
The court mandated that authorities must provide a prior 15-day show cause notice to property owners, ensure due process, and cannot act as judges in determining guilt. A bench comprising Justices B.R. Gavai and K.V. Vishwanathan underscored that such actions without judicial review violate the rule of law, cautioning against a "lawless state of affairs."
The Supreme Court, firmly stated that the executive branch cannot act as a judge and override judicial decisions. The Court was hearing petitions seeking to halt 'bulldozer' actions taken against accused individuals as a form of punitive measure.
The judgment stresses that demolition orders must adhere to principles of natural justice, providing property owners an opportunity for a personal hearing and a detailed, transparent order from authorities.
To prevent arbitrary actions, the court ordered the creation of digital portals where notices and orders are available, and mandated a thorough inspection and videography of demolition proceedings. Authorities violating these guidelines may face contempt proceedings, restitution orders, and personal financial liability.
To reinforce accountability, the Supreme Court has directed all state governments to notify district magistrates and municipal authorities about these guidelines. However, these directions do not apply to unauthorized structures on public properties, such as roads or riverbanks, or those subject to prior court-ordered demolition.
