The Supreme Court of India on Tuesday announced it will establish directives on the demolition of properties under municipal laws. This decision comes amid rising concerns over the demolition of properties belonging to individuals accused of crimes in various states.
The Court has ordered a suspension of all demolitions until October 1, 2024, unless specifically approved by the Court.
However, demolitions on public roads, water bodies, and railway lines are exempt from this moratorium. This move aims to prevent misuse of demolition laws and ensure adherence to Constitutional principles.
Justice Vishwanathan, addressing Solicitor General Tushar Mehta, criticized attempts to justify "bulldozer justice"—a term used to describe the practice of demolishing properties as a punitive measure.
“We will scrutinize the use of bulldozers under the guise of illegal construction. Any action must align with municipal law and Constitutional norms,” Justice Vishwanathan emphasized.
During the hearings, the Supreme Court questioned the legality of demolishing properties solely based on accusations.
“How can a house be demolished just because someone is accused? Even if convicted, due process must be followed,” the Court remarked, signaling its intent to draft nationwide guidelines to address these issues.
The Court’s decision follows petitions filed by Jamiat Ulama-i-Hind and others challenging the demolition of properties, particularly in areas like Jahangirpuri in Delhi. The organization argued that demolitions have been used disproportionately against individuals involved in riots and violence.
In response to the Supreme Court’s ruling, Samajwadi Party president Akhilesh Yadav criticized the use of bulldozers for political purposes. Yadav suggested that the ruling has effectively sidelined the controversial practice and questioned the future use of bulldozers in Uttar Pradesh, a state known for its aggressive demolition tactics under Chief Minister Yogi Adityanath.
“The wheels of the bulldozer have come off, and it’s time to park both the bulldozer and its operator,” Yadav remarked, pointing out that the Court’s order undermines the use of demolitions as a tool for political gain.
The Supreme Court's ruling reflects ongoing debates over the fairness and legality of using demolition as a form of punitive justice. The Court has committed to ensuring that any future demolitions comply with established legal frameworks and respect individual rights.
This decision marks a significant shift in how property demolitions are handled across India, aiming to restore balance and ensure justice is administered in accordance with the law.
