Supreme Court Rules: No Bulldozer Demolition Without 15-Day Notice and Legal Guidelines

Supreme Court Rules: No Bulldozer Demolition Without 15-Day Notice and Legal Guidelines

The Supreme Court has decided that, in exact accordance with the law, no demolition may take place without giving the property owner 15 days’ notice beforehand. The court mandated that the notice, which included the type of unauthorized construction, the particular infractions, and the justifications for demolition, be sent by registered mail and posted on the exterior of the property. All demolitions must also be captured on camera, and violating these rules could result in contempt charges.

The importance of human rights and the rule of law was underlined by a bench that included Justices BR Gavai and KV Vishwanathan. The bench further stressed that arbitrary executive acts are unacceptable since they erode constitutional democracy and encourage lawlessness. “The legal process must be respected, and civil rights must be safeguarded against arbitrary executive actions,” the judge concluded.

In its order, the court further stated that the executive branch could not take the position of the judiciary in determining demolition actions. It is against the rule of law for the government to take on judicial functions and order demolitions without following the proper legal procedures. Even in encroachment instances, the state must follow due process to ensure justice.

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Additionally, the Supreme Court mandated that all notices of destruction be sent to owners by registered mail and made publicly available on the municipal body’s approved webpage. District magistrates will be responsible for keeping an eye on whether these procedures are being followed.