In a landmark decision, the Supreme Court of India has ordered a nationwide halt to bulldozer demolitions until October 1, 2024, unless they are conducted on public roads, water bodies, or railway lines. This order marks a significant intervention by the apex court in the ongoing debate over the use of heavy machinery for property demolitions and aims to ensure that such actions are carried out within the bounds of established legal frameworks.
The Supreme Court’s decision comes in the wake of widespread criticism of “bulldozer justice”—a term used to describe the controversial use of bulldozers to demolish properties allegedly connected to criminal activities or disputes. The court has voiced concerns about the legality and fairness of such demolitions, emphasizing that the law must be supreme in a country governed by rule of law.
Last week, a bench consisting of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti expressed strong disapproval of the practice. They criticized the practice of using bulldozers for demolition without due legal process and underscored the need for a structured approach to address these issues.
The case that prompted the Supreme Court’s intervention involved a petition from a resident of Kathlal in Kheda district, Gujarat. The petitioner challenged the municipal authorities’ decision to demolish their home following an FIR naming a family member. The petitioner’s lawyer argued that demolishing a family’s residence due to the alleged criminal activity of one member was unjust and unconstitutional. The bench agreed, stating that such actions violate the principles of rule of law and due process.
On September 2, 2024, the Supreme Court had previously indicated its intent to establish comprehensive guidelines to regulate property demolitions. The court has now directed the formulation of detailed directives to ensure that demolitions are conducted legally and fairly. The guidelines will aim to standardize procedures, including requirements for notices, time to file responses, and opportunities to pursue other legal remedies before any demolition takes place.
“We are on broad guidelines so that there is no bulldozer tomorrow and so that it is documented and checked so that neither side points any lacunae,” said the bench of Justices Bhushan R Gavai and KV Viswanathan. They emphasized the need for a consistent and transparent approach to demolitions across the country, ensuring that such actions are subject to judicial review and legal scrutiny.
