In a significant move on Tuesday, the Supreme Court of India imposed a nationwide moratorium on bulldozer demolitions until October 1, except for cases involving public roads, water bodies, and railway lines, pending further guidelines from the court on how demolitions should be carried out under municipal laws.
The decision comes in the wake of criticisms from the bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti regarding the recent spate of “bulldozer justice” across the country. Last week, the justices had strongly criticized the use of demolition as a threat, emphasizing that such actions are inconceivable in a nation where the rule of law should prevail.
The issue of bulldozer demolitions has gained prominence with various state governments utilizing this method as a quick enforcement tool against illegal constructions, often amid allegations of targeting specific communities or individuals without adequate notice or due process. The Supreme Court’s intervention signals a critical review of these practices, ensuring they align with legal standards and the principles of justice.
The apex court has expressed concerns over the arbitrary use of bulldozers for demolishing properties and highlighted the need for a structured legal framework to govern such actions. “The absence of clear guidelines and the indiscriminate application of demolition policies undermine the legal sanctity of due process,” stated Justice Hrishikesh Roy during the proceedings.
The court’s ruling mandates that no demolitions are to be carried out without explicit permission from the Supreme Court until it issues comprehensive directives on the matter.
The Supreme Court has scheduled further hearings to discuss and formulate specific guidelines that would dictate the circumstances and procedures under which properties may be legally demolished under municipal laws. These guidelines aim to ensure that demolitions, when necessary, are conducted transparently, humanely, and in strict adherence to the law.
