Subsequent to giving a stern warning to the Executive on Bulldozer Action, the decision which was reserved in October 2024, was released and the Court , in exercise of its power under Article 142 of the Indian Constitution, the Supreme Court laid down certain directions. It added that even after demolition orders are passed, the affected party needs to be given time to challenge the order before an appropriate forum. The Court added, that even if the affected party does not want to challenge the order, sufficient time needs to be given to vacate and arrange their affairs.

"It is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens would not fall on the authorities if they hold their hands for some period.", the Order says.

Notice Period

1. No demolition should be carried out without a prior show cause notice returnable within no more less than 15 days’ time from the date of service of such notice.
2. The notice shall be served upon the owner/occupier by a registered post A.D. Additionally, the notice shall also be affixed conspicuously on the outer portion of the structure in question.
3. The time of 15 days, stated herein above, shall start from the date of receipt of the said notice.
4. To prevent any allegation of backdating, the SC has directed that as soon as the show cause notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate of the district digitally by email and an auto generated reply acknowledging receipt of the mail should also be issued from the office of the Collector/District Magistrate.
5. The Collector/DM shall designate a nodal officer and also assign an email address and communicate the same to all the municipal and other authorities in charge of building regulations and demolition within one month from November 13, 2024.
6. The notice shall contain the details regarding:
   1. the nature of the unauthorized construction
   2. details of the specific violation and the grounds of demolition
   3. list of documents that the noticee is required to furnish along with his reply
   4. date on which the personal hearing is fixed and the designated authority before whom the hearing will take place
7. Every municipal/local authority shall assign adesignated digital , within 3 months from November 13, 2024 wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available.

​Personal Hearing

1. The designated authority shall give an opportunity of personal hearing to the person concerned.
2. The minutes of such a hearing shall also be recorded.

Final Order

1. Upon hearing, the designated authority shall pass a final order.
2. The final order shall contain:
   1. the contentions of the noticee, and if the designated authority disagrees with the same, the reasons thereof;
   2. as to whether the unauthorized construction is compoundable, if it is not so, the reasons therefor;
   3. if the designated authority finds that only part of the construction is unauthorized/noncompoundable, then the details thereof.
   4. as to why the extreme step of demolition is the only option available and other options like compounding and demolishing only part of the property are not available.

Opportunity of Judicial Scrutiny of Order

1. If the statute provides for an appellate opportunity and time for filing the same, or even if it does not so, the order will not be implemented for a period of 15 days from the date of receipt thereof.
2. The order shall also be displayed on the digital portal as stated above.
3. An opportunity should be given to the owner/occupier to remove the unauthorized construction or demolish the same within a period of 15 days. Only after the period of 15 days from the date of receipt of the notice has expired and the owner/occupier has not removed/demolished the unauthorized construction, and if the same is not stayed by any appellate authority or a court, the concerned authority shall take steps to demolish the same. It is only such construction which is found to be unauthorized and not compoundable shall be demolished.
4. Before demolition, a detailed inspection report shall be prepared by the concerned authority signed by two Panchas.

Proceedings of Demolition

1. The proceedings of demolition shall be video-graphed, and the concerned authority shall prepare a demolition report giving the list of police officials and civil personnel that participated in the demolition process. Video recording to be duly preserved.
2. The said demolition report should be forwarded to the Municipal Commissioner by email and shall also be displayed on the digital portal.

The Supreme Court order further  added  that if there is any violation of the Orders or Directives, it would lead to contempt proceedings and the officer/officer(s) concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages.

Further, it also said that the  above leverage will not be  applicable if there is an unauthorized structure in the middle of the road, footpath, railway line or any water body OR where the order for demolition is passed by Court.