On Wednesday, The Supreme Court of India issued strict directives mandating that no demolition should proceed without a prior 15-day notice to the property owner, in accordance with statutory guidelines. The notice must be sent by registered post and affixed prominently on the property, detailing the unauthorised construction, specific violations, and grounds for the demolition. Additionally, all demolitions must be videographed, with failure to adhere to these procedures resulting in contempt charges.
Highlighting the importance of the rule of law and citizen rights, Justices B.R. Gavai and K.V. Viswanathan stated, “The rule of law protects citizens from arbitrary executive actions. The legal process cannot excuse such arbitrary acts, which threaten civil rights essential to our constitutional democracy.”
The court underscored that the executive cannot take over judiciary functions, particularly in matters involving punitive actions. “If the executive acts as judge and enforces demolition without legal due process, it contravenes the rule of law. The state cannot act arbitrarily against an accused or convict without following lawful procedures,” the bench noted.
The Supreme Court also instructed that officials must be prepared to demonstrate that demolition is the only viable option, even in cases of minor encroachments. All demolition notices are to be displayed on an official municipal portal, and sent by registered post. District magistrates will now be responsible for ensuring compliance with these procedures.
The ruling came as the court considered petitions addressing the practice of “bulldozer demolitions” by authorities. One petition highlighted the increasing trend of demolitions as extra-legal punishment, particularly affecting minority and marginalised communities, and creating troubling precedents.
In a hearing on October 1, the Supreme Court reserved its final order, extending an interim restriction on demolitions until further notice. However, this interim order excludes unauthorised structures on public roads, footpaths, and similar areas. The court earlier stated that public safety is paramount and that any obstructive structures, including temples, dargahs, or gurudwaras, must be removed if they impede public access.
Reaffirming India’s secular stance, the Court indicated that its guidelines will apply uniformly across all religions. It clarified that demolitions cannot be conducted solely based on accusations or convictions against the property owner. The Supreme Court expressed concern over the selective enforcement of municipal laws, suggesting a need for a uniform law addressing unauthorised constructions, irrespective of religion or belief.
The court also proposed that separate legal frameworks should be considered for municipal corporations and nagar panchayats, alongside an online portal to raise public awareness.
Previously, on September 17, the Supreme Court ordered a nationwide halt to property demolitions without court permission until 1 October, with exceptions for unauthorised structures in public spaces.
Also Read: SC Warns Against ‘Bulldozer Justice’: Executive Not Judge
