Bulldozer Guidelines Verdict: The Supreme Court is set to announce its judgment on a group of petitions requesting that the Central and state governments refrain from using property demolitions as punitive measures against individuals accused in criminal cases.
Recently, the Supreme Court criticized the Uttar Pradesh authorities for their “high-handed” conduct in demolishing a house to widen a road without issuing prior notice, instructing them to compensate the homeowner with Rs 25 lakh.
Three-judge bench hearing a suo motu writ petition on bulldozer justice
This decision was made by a three-judge bench headed by Chief Justice of India D Y Chandrachud, which was hearing a suo motu writ petition registered in 2020. The petition was based on a letter from Maharajganj resident Manoj Tibrewal Aakash, whose home was demolished in 2019. The bench included Justices J B Pardiwala and Manoj Misra.
Expressing strong disapproval, CJI Chandrachud questioned whether due process was followed, noting that an affidavit confirmed no notice had been issued and that authorities merely informed residents via loudspeaker at the site.
CJI questioned the method used
In response to the argument that Aakash had encroached upon 3.7 square meters of public land, CJI Chandrachud acknowledged the encroachment claim but questioned the method used, remarking that demolishing people’s houses in such a manner amounted to lawlessness.
Justice Pardiwala echoed this criticism, emphasizing that authorities cannot use bulldozers to demolish homes overnight without giving families time to vacate, particularly as this disregards their belongings. He stressed the necessity of following due process.
Bulldozer justice directives
The bench expressed disappointment that residents were only informed about the demolition through public announcements rather than through formal notice. Justice Pardiwala underscored that vacating a home requires proper notice, not just a public announcement.
In addition to ordering compensation, the Supreme Court directed the UP Chief Secretary to investigate the officers and contractors involved in the demolition and to initiate disciplinary action against them.
The court instructed that these directives be implemented within one month.
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