SC Issues Guidelines On Bulldozer Action
The Supreme Court has established nationwide guidelines for demolitions, emphasizing the importance of due process. The court ruled that the executive cannot take on judicial functions, such as declaring someone guilty and demolishing their property. No demolition should take place without a prior show cause notice, and any violation of these guidelines will lead to contempt charges.
A bench of Justices B R Gavai and K V Viswanathan declared that demolishing homes based solely on accusations or convictions is “totally unconstitutional.” Justice Gavai expressed concern, stating, “It is not a happy sight to see women and children on streets overnight” following such actions.
Key guidelines include:
- No demolition without a show cause notice: Property demolition cannot proceed without a formal notice.
- Time for appeal: If a demolition order is passed, individuals must be allowed time to appeal the decision.
- Concern for families: The bench noted that it is distressing to see women and children on the streets after demolitions, especially without an opportunity to appeal.
- Exceptions to the guidelines: These directions will not apply to unauthorized constructions on public land or where a court has already ordered demolition.
- Posting of the notice: The show cause notice must be pasted outside the structure in question.
- 15-day advance notice: The show cause notice must be issued at least 15 days in advance.
- Notification of authorities: After serving the notice, the collector and district magistrate must send intimation to the concerned parties.
- Nodal officers for demolition: The collector and district magistrate must appoint nodal officers to oversee the demolition of municipal buildings.
- Details in the notice: The show cause notice must include the nature of the violation, the date and details of the personal hearing, and a digital portal link for accessing notice details and the final order.
- Personal hearings: The authority responsible must conduct personal hearings, recording the minutes, and determining if the violation can be resolved without demolition. If only part of the structure is unauthorized, a clear explanation must be provided for the necessity of full demolition.
- Uploading of orders: The final demolition order must be uploaded to the designated digital portal.
- Opportunity to remove the structure: The property owner must be given a 15-day window to remove the unauthorized structure, unless the demolition order is stayed by the appellate body.
- Videography of demolition: The demolition proceedings must be videographed, and the video should be preserved for future reference.
- Consequences for non-compliance: Failure to adhere to these guidelines will result in contempt of court, prosecution, and liability for officers to compensate for demolished property at their own expense.
- Implementation by state authorities: These directions are to be communicated to all chief secretaries for immediate implementation.
The court further clarified that these guidelines do not apply to unauthorized construction on public land or where demolition orders have been issued by a court of law. All state chief secretaries have been directed to implement these guidelines.
