November 13, 2024 - The Supreme Court today delivered a verdict in the “Bulldozer Action” case laying down strict guidelines for carrying out demolitions and said that adjudicatory functions are entrusted to the Judiciary and therefore, the Executive cannot replace the Judiciary. The Court had reserved its order on this matter on October 1, 2024.

The judgement was delivered by a two-judge Bench comprising Justices BR Gavai and KV Viswanathan who were hearing a series of petitions seeking judicial intervention against punitive demolition carried out by state governments.

"For an average citizen, construction of a house is the culmination of years of hard work, dreams and aspirations, the Bench said, adding “House embodies collective hope of security and future. If this is taken away, authorities must satisfy; it is the only way.”

The judges ruled that Article 21 of the Constitution accords every citizen the right to shelter which is part of the right to life and personal liberty and it includes access to adequate housing. Therefore, bulldozing the house of an accused is a form of collective punishment against the family members too, the Court added.

“If a property is demolished only because a person is accused, it is wholly unconstitutional,” the Bench said. “The chilling sight of bulldozer reminds that Constitutional values and ethos do not allow such abuse of power.”

According to Justice Gavai, it may be assumed that the true motivation was "penalising without trial" rather than razing the illegal structure when a specific property is deliberately selected for demolition while comparable properties remain unaffected.

India’s top Court laid down guidelines for demolitions using its powers under Article 142 of the Constitution. The Bench ruled that no demolition would be allowed without a showcause notice. The recipient of this notice has 15 days or the time specified by local civic legislation (whichever comes first) to respond.

The Court stressed that the recipient of the notice should also be told the grounds for demolition and the nature of unauthorised construction. It further said that only after hearing the accused, would the relevant authority issue a definitive ruling. Authorities will only begin demolition if an appeal authority does not halt the order, after which the homeowner will have 15 days to dismantle the illegal structure.

The Court further directed all local municipal authorities to set up a digital portal within three months that will carry details of showcause notices served and also what the final orders on illegal structures are.

The Bench warned that violation of the Court’s orders would lead to contempt proceedings. Any public official caught taking law into their hands and acting in a high-handed manner will be held accountable, the Court said. The cost for this would be recovered from the officials' salary, the judges warned.