New Delhi: In a landmark judgment on Wednesday, the Supreme Court established nationwide guidelines on property demolitions, underscoring that such actions cannot be used as instant "bulldozer justice" by the Executive. The court stated that the Executive cannot act as judge, declare someone guilty, and demolish their property without due process.
A bench comprising Justices B R Gavai and K V Viswanathan remarked that demolishing homes solely on the grounds of an accusation or conviction is "totally unconstitutional" and emphasised that such actions leave innocent families on the streets. Justice Gavai noted, “It is not a happy sight to see women and children left homeless overnight.”
Key directives from SC
The bench ordered that no demolition should proceed without a prior show cause notice, to be served at least 15 days before action is taken. Demolition activities must also be videographed to ensure transparency.
The court specified that these guidelines do not apply if unauthorized construction is occurring on public land or if a court has previously ordered demolition. However, the court reiterated that even after an order, the affected party should be allowed time to appeal or seek a stay from an appropriate forum.
Guidelines issued by the court
A. Notice Requirements
- Prior Notice: No demolition shall occur without a show cause notice issued either in compliance with local laws or within 15 days from notice receipt.
- Delivery and Documentation: Notices must be served by registered mail and visibly posted on the property. An email notification to the district's Collector/District Magistrate, with a receipt confirmation, is required.
- Notice Contents: Notices should clearly outline the nature of unauthorized construction, grounds for demolition, required documents, and the date and location of a personal hearing.
B. Personal Hearing
- Authorities must offer a personal hearing, with minutes of the hearing recorded for reference.
C. Final Order
- The final order should detail the responses of the noticee, including any disagreements, assess if part of the construction is compoundable, and outline why demolition is the only option if applicable.
D. Appellate and Judicial Review
- A 15-day period should be provided for the owner to appeal or remove unauthorized construction before demolition proceeds.
E. Demolition Proceedings
- Demolition proceedings are to be video-recorded and documented, with a detailed report shared with relevant officials and displayed on a digital portal.
The Supreme Court warned that any violation of these guidelines could lead to contempt of court charges, and officials found responsible for unauthorized demolitions may face restitution costs and damages personally.
