Bulldozer justice has no place in society governed by rule of law: Supreme Court

PTC News Desk: The Supreme Court issued the first-ever guidelines against arbitrary demolitions by state officials on Wednesday, saying that individuals' voices cannot be "throttled by a threat of destroying their properties" and that such "bulldozer justice" has no place in a society governed by the rule of law.

“Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high-handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons,” said a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud in a detailed order uploaded on Saturday.

The court established required safeguards for all states and union territories, requiring that any demolition be preceded by thorough surveys, written notices, and consideration of objections. Officials who violate these norms would face both disciplinary punishment and criminal charges, the panel, which also includes justices JB Pardiwala and Manoj Misra, ruled.

“Such high-handed and unilateral action by the State Government cannot be countenanced… If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter.”

The court mandated six necessary measures before any property could be demolished, including for development projects. One, authorities must first verify existing land records and maps; two, proper surveys must be conducted to identify actual encroachments; three, written notices must be issued to alleged encroachers; four, objections must be considered and speaking orders issued; five, a reasonable time frame for voluntary removal must be provided; and six, additional land must be legally acquired if necessary.