Coming down hard on instant ‘bulldozer justice’, the Supreme Court on Wednesday laid down pan-India guidelines on demolition of properties and said the Executive cannot become a judge, declare an accused as guilty and demolish his house. A bench of Justices B R Gavai and K V Viswanathan said it will be “totally unconstitutional” if houses of people are demolished merely because they are accused or even convicts. Supreme Court issued instructions under Article 142.
What the SC said
- SC says Executive can’t become judge, declare the accused as guilty and demolish his house.
- Bulldozer justice unconstitutional, officials should be penalised
- If houses of people are demolished merely because they are accused or convicts, it will be totally unconstitutional.
- State cannot replace judiciary in performing core functions and will be wholly unjust if State demolishes such properties without following due process of law.
- Accused and convicts have certain rights, safeguards in light of Constitution and criminal law.
- Construction of a house is an aspect of socio-economic aspirations and is just not a property but symbolises years of struggle.
- SC says not a happy sight to see women, children on streets overnight.
- Proceedings of demolition shall be videographed.
- If order of demolition is passed then time has to be given to appeal this order.
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No demolition is permissible without show cause notice. The notice is to be sent by registered post to the building owner and pasted outside the structure that is proposed to be demolished. At least 15 days from the date of notice and 7 days after the notice is served must be given before any further action is given.
- The notice shall contain details of the nature of violations that led the authorities to propose demolition, the date on which a personal hearing for the affect party is fixed and before whom (which authority) it is fixed.
- After the notice is served, intimation of the proposed action is to be sent to the Collector and District Magistrate (DM).
- The Collector and DM are to appoint nodal officers in charge of demolition, etc. of municipal buildings.
- A designated digital portal is to be provided where details of such notice and the order passed is made available
- After personal hearing before the concerned authority, minutes shall be recorded. Once a final order is passed thereafter, it should answer if offence of constructing the unauthorised structure is compoundable. If only a part of the structure construction is found non-compoundable, it has to be examined why the extreme step of demolition is the only answer.
- Orders passed (on determining whether demolition is required) shall be displayed on digital portal.
- Opportunity must be given to the owner to demolish or remove the unauthorised structure within 15 days of the order and only if appellate body has not stayed the order, the steps of demolition shall take place
- Demolition proceedings are to be videographed. The video recording is to be preserved.
- A demolition report is also to be forwarded to the concerned municipal commissioner.
