The Supreme Court has strongly denounced the trend of state authorities resorting to demolition of homes and properties of persons as a punitive action for their alleged involvement in crimes.
A bench headed by Chief Justice D.Y. Chandrachud observed that justice through bulldozers is unknown to any civilised system of jurisprudence.
The judgement was delivered on November 6 (and uploaded on the apex court’s website on Saturday) in a case concerning the illegal demolition of a house in Maharajganj district of Uttar Pradesh.
The court directed the state to pay an interim compensation of Rs 25 lakh to the petitioner and initiate an enquiry against the officials liable for the illegal demolition.
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," said the bench which also comprised Justices J.B. Pardiwala and Manoj Misra.
'Bulldozer justice' put on hold: SC says illegal demolition is against ethos of Constitution
The court noted that citizens' voices cannot be throttled by a threat of destroying their properties and homesteads.
"Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," the CJI wrote in the order.
Notably, it was uploaded on the top court’s website as the last judgement penned by CJI Chandrachud who retires on November 10.
The court said there were municipal laws and town-planning legislation which contain adequate provisions for dealing with illegal encroachments.
How can houses be demolished without following procedure prescribed by law, asks SC
"Where such legislation exists the safeguards which are provided in it must be observed. We propose to lay down certain minimum thresholds of procedural safeguards which must be fulfilled before taking action against properties of citizens," it said.
The court further mandated that any action in respect of public or private property must be backed by due process of law. "You can't come with bulldozers and demolish the constructions overnight. You don't give the family, time to vacate. What about the household articles inside the house?,” it asked.
