'Demolition costs to be deducted from officers' salaries,' SC sets guidelines to curb 'bulldozer justice'

The Supreme Court of India issued a judgement aimed at limiting the practice of ‘bulldozer justice’ on Wednesday (Nov 13). A bench of Justices B R Gavai and K V Viswanathan issued pan-India guidelines on a nationwide scale, setting a standardised process for demolishing properties.

This ruling was issued in response to petitions contesting the use of bulldozers on properties linked to individuals accused of crimes, a practice that has become known as ‘bulldozer justice’ in some Indian states. Officials have previously claimed that only illegal structures were being targeted in these cases. However, many petitioners argued that such actions bypassed legal procedures.

“It is a dream of every person, every family to have a shelter above their heads. A house is an embodiment of the collective hopes of a family or individuals' stability and security,” the court’s ruling stated.

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'Construction of a house is the culmination of years of hard work, dreams and aspirations'

“For an average citizen, construction of a house is the culmination of years of hard work, dreams and aspirations. House embodies collective hope of security and future. If this is taken away, authorities must satisfy it is the only way,” the bench emphasised.

The court raised questions on whether authorities could demolish a home if only one resident faced accusations, effectively leaving others homeless. “Punishing such persons who have no connection with the crime by demolishing the house where they live in or properties owned by them is nothing but an anarchy and would amount to a violation of the right to life guaranteed under the Constitution,” the bench said.

“Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law. Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law,” the court observed.

"The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible," the court added.

"The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where ‘might was right’," the court observed.

Demolition guidelines

Using its authority under Article 142 of the Constitution, the Supreme Court laid out specific demolition guidelines. It mandated that demolitions cannot proceed without a show cause notice, allowing the recipient 15 days (or the time specified in local laws) to respond.

“It is not a happy sight to see women, children and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period,” the court said.

The show cause notice must include details of the alleged unauthorised construction, the specific violation, and the justification for demolition. Authorities are required to allow the accused to present their side before issuing a final order and 15 days will then be granted to allow the property owner to remove the unauthorised construction, with authorities stepping in only if no appeal halts the order.

The bench warned that violations of these guidelines could lead to contempt proceedings. Officers responsible for wrongful demolitions will be held liable for the restoration of the demolished property, with the costs deducted from their salaries.

Furthermore, the court directed all municipal authorities to establish a digital portal within three months, detailing show-cause notices and final orders for illegal structures.

The supremecourt added that these directions do not apply to unauthorised structures on public spaces like roads, streets, footpaths, or water bodies, or in cases where a court has issuedanorder.

(With inputs from agencies)