Supreme Court Halts Demolition Drives: ‘No Action Without Our Approval’ on Bulldozer Justice

Supreme Court Halts Demolition Drives: ‘No Action Without Our Approval’ on Bulldozer Justice

The Supreme Court of India on Tuesday stayed demolition drives across the country, without its explicit permission, with emphasis on upholding constitutional principles.

It ordered that no demolitions of illegal structures should take place until its next hearing on October 1, adding that such actions would be in contravention of the “ethos of the Constitution.”

A bench headed by Justices BR Gavai and KV Viswanathan clarified that its order does not extend to encroachments over roads, footpaths, water bodies, or over railway tracks.

The court had passed the judgment on petitions filed against demolitions of properties in several states, which appeared to target those accused of crimes.

Solicitor General Tushar Mehta, appearing for the Centre, told the court that a “narrative” was being built around the demolition of properties. Shot back the bench, “We will not be swayed by “outside noise”.

Mehta also cited that the demolitions, especially in Madhya Pradesh, did not have a religious undertone as more than 50 of the 70 shops demolished belonged to Hindus.

The bench once again explained that they did not take up issues of religion or community, but accountability and due process. Justice Gavai explained that the goal before the court had been to bring “some order regarding demolitions”, with the comment: “The executive cannot act as judge.” The bench went ahead to add that clear directions would be issued to regularize demolition exercises taken up throughout the country.

Senior counsel CU Singh, appearing for the petitioners, mentioned that demolitions were being carried out day in and day out and that arbitrary selection of structures was causing apprehension. Another counsel, on his part, said it was far from reasonable to hold that only one house in a neighborhood could be unauthorized.

Justice Gavai added that there were cases where the bulldozer demolitions were openly justified by the ruling powers and that these are actions which should be looked into with microscopic scrutiny.

The court reiterated the purpose of laying down guidelines for this case, saying it would be similar to the Vishaka v. State of Rajasthan case, and that separate individual cases would be dealt with later on.

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Justice Gavai allayed the disquiet expressed by the Solicitor General that it would restrict officials from their statutory rights by saying that sufficient directions would be given so as not to precipitate the matters.