Rule of law must prevail: Supreme Court halts 'bulldozer justice' throughout India till October 1

New Delhi: In a landmark decision, the Supreme Court of India has temporarily halted all bulldozer demolitions across the country until October 1, except for cases involving public roads, water bodies, or railway lines. The ruling comes as the apex court plans to establish comprehensive guidelines governing how and when properties can be demolished under the nation's municipal laws.

Supreme Court intervenes in 'Bulldozer justice'

On Tuesday, the Supreme Court, led by a bench of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, strongly criticized what it termed "bulldozer justice." The court expressed concerns over the arbitrary use of demolitions and emphasized that such practices have no place in a country where the rule of law prevails.

This intervention follows a case involving municipal authorities in Gujarat, where a family faced the threat of having their house demolished after one of its members was named in an FIR. The petitioner, a co-owner of land in Kathlal, Kheda district, approached the Supreme Court to challenge the decision. The petitioner’s lawyer argued that the family had legally resided in the house for over two decades and that penalizing the entire household for the actions of one individual was unjust.

Rule of law must prevail, says apex court

In its observations, the Supreme Court bench stated, "In a country where the actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in a crime is no justification for the demolition of a property."

The court reiterated that any action taken by the state must adhere to legal principles and avoid disproportionate measures that could affect innocent parties.

Guidelines to regulate demolitions nationwide

Earlier, on September 2, the Supreme Court had announced its intention to draft clear and uniform guidelines for conducting demolitions across India. This is part of an effort to prevent arbitrary actions and ensure that both municipal authorities and affected parties have proper legal recourse.

The bench of Justices Bhushan R. Gavai and K.V. Viswanathan had emphasized, "We are focusing on broad guidelines to ensure that demolitions are carried out with transparency and accountability. There should be notice given, time to file a reply, and an opportunity to pursue other legal remedies before a demolition is executed."

By laying down these guidelines, the court aims to ensure that no demolition occurs without due process and proper documentation, providing a pan-India solution to the growing concerns around the misuse of demolitions.

The Supreme Court’s ruling marks a significant step in curbing the arbitrary use of bulldozers for demolitions and upholding the rule of law in India. The forthcoming guidelines are expected to bring much-needed clarity and fairness to the process, ensuring that demolitions are carried out only after due consideration and legal procedures are followed.