In a significant decision, the Supreme Court has imposed restrictions on the government’s arbitrary use of bulldozers for demolitions. A bench of two judges declared that unilateral demolition of properties is a violation of the law. The court emphasized that the rule of law must prevail in all states and that no property should be seized or destroyed without due process. Even if a person is guilty, legal proceedings must be followed, and mere accusations or convictions do not justify the demolition of homes.
Officials to be Held Accountable for Arbitrary Actions
The court ruled that officials will be held accountable for any arbitrary bulldozer actions against properties. If an official engages in unlawful demolitions without due process, they will face penalties. The court clarified that punishing a crime is the job of the judiciary, and even the accused and convicted have certain rights. Demolishing homes merely on the basis of an accusation is a clear violation of the law.
Supreme Court Recommends Compensation for Wrongful Demolitions
The court stressed that if a property is demolished without a lawful basis, compensation should be provided to the affected party. Using bulldozers without adherence to legal procedures is unconstitutional. Additionally, the court highlighted that punishing an entire family for one individual’s actions is unjust. If only one person is accused, it is unfair to seize or demolish the family’s home.
Notice, 15-Day Window, and Hearing of the Accused’s Side Required
The Supreme Court mandated that prior to any bulldozer action, the accused must be given the opportunity to present their side. The court outlined that a formal notice must be issued following legal procedures. This notice should be sent via registered mail and also posted on the property in question. Furthermore, a minimum of 15 days should be given before any action is taken, with notice also sent to the district magistrate. The accused should be provided an opportunity to address any illegal construction issues themselves.
