Supreme Court on bulldozer action: ‘No demolition without following guidelines, 15-day notice’

The Supreme Court on Wednesday directed that no demolition should be carried out without prior 15-day notice to the owner of the property and without following the statutory guidelines.

The Supreme Court said the notice shall be served upon the owner by registered post and fixed on the outer portion of the structure. The notice shall contain the nature of unauthorised construction, details of the specific violation, and grounds for demolition. The demolition has to be videographed, and violation of guidelines will invite contempt.

“Rule of law and the rights to citizens against arbitrary action of the executive. Legal process can’t condone such action… Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for protecting constitutional democracy,” a bench of justices BR Gavai and KV Vishwanathan said.

The bench, in its order, also said the executive cannot replace the judiciary in performing the latter’s core functions.

“If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said.

The apex court also said authorities must be able to show that demolition is the only recourse available, even in cases where there are some encroachments.

Giving the direction, the bench said all notices should be put up on a designated portal of the municipal body, while notices must also be sent through registered post.

The court added that the district magistrates are made accountable for monitoring compliances.