Bulldozer Justice: Landmark Ruling on Property Demolitions

Bulldozer justice means demolishing one’s property for the only reason that he is allegedly accused of some crime without following proper legal procedure. It has become a national trend in the states of Uttar Pradesh, Madhya Pradesh, Gujarat, Delhi, Maharashtra and Assam. Recently, in a suo-motu writ petition of 2020, the Supreme Court ordered to pay Rs. 25 lakhs as compensation for demonstrating the house of Manoj Tibrewal Akash, a senior journalist in UP by state government. The reason given by the authority is that the journalist’s home is built by encroachment. Supreme Court declaring Bulldozer justice is unconstitutional and also issued several guidelines relating to Bulldozer justice. Bulldozer justice is against Article 14, Article 21, Article 300A and Article 51. Supreme Court observed that it is unacceptable under the rule of law.

Beginning of Bulldozer justice:

Chief Minister of Uttar Pradesh in 2017 gave a warning that the housed of individuals involved in crimes will be demolished by bulldozer. After this, there were many illegal demolitions took place all over the state by the UP government who claimed that they were part of removing illegal constructions from the state.

In 2022, the Chief Minister of Madhya Pradesh ordered the authorities to demolish houses and shops. By following the order of CM, North Delhi Municipal Corporation sent seven bulldozers to demolish the mentioned houses and shops in the area this even included mosque. This was the main reason were the reason for which clashes began in the state.

In a report released by Housing and Land Rights Network (HLRN), More than half a million people have been evicted in 2023, this was the highest as compared to the last 7 years. From 2017 to 2023, over 1.38 million (1.68 lakh) people have been forcibly evicted across India.

Supreme Court Ruling:

Supreme Court invoked Article 142 of the Indian Constitution and held that even if one house is demolished without following the law, it is unconstitutional. It held that even if the accused is found guilty, there is punishment awarded according to the law and not by a bulldozer. There should be a separation of powers, the judiciary is there to punish the accused with appropriate punishment according to law and it’s not the executive to impose the punishment. If the executive gives the punishment, then why there are courts? The court strongly criticized that, there was no notice given and it was merely a public announcement. The court held that every family has a dream to build a house, it’s not fair to demolish the house for the mere reason that he is been accused in a criminal case and overnight bulldozer demolished the house. Supreme court on a serious note issued guidelines for the demolition of property which apply all over India.

Guidelines:

1. A minimum of 15 days prior notice should be given to the land owner or the occupier with detailed reasons i.e., why the house is going to be demolished.
2. An opportunity for a fair hearing should be provided compulsorily to the affected party due to the decision to contest or to clarify the situation of demolition.
3. The concerned authorities should notify the local Collector or the District Magistrate through E-mail after serving the notice, with an acknowledgment of auto-reply to the mail, this is to avoid tampering.
4. The order should contain the arguments of the affected part. If the decision is to demolish, it should be mentioned why they chose to demolish the property and if there are any other options.
5. After the issuance of the demolition order, 15 days’ time should be given to the affected party as they can remove the structure in the property or they can challenge the same before a higher authority.
6. There should be clear documentation of the whole demolition i.e., authorities should record the demolition process and also prepare the inspection report of the demolition.
7. Laid down a separate test to determine that the right of the accused is violated along with local laws i.e., if the accused house is only demolished by leaving similar houses around him, then it is surely a violation.
8. SC given exceptions for the guidelines, where they do not apply: They are
9. Unauthorized Construction in a public place.
10. An order issued by Court of Law directing for demolition.

The Reasoning given by the Court:

1. There should be a Separation of Powers. The executive should not take the law into the hands and impose punishment. Imposing punishment is the work of the Judiciary.
2. There is a clear violation of Article 14 of the Indian Constitution which says the Right to Equality and Rule of Law.
3. Article 21 of the Indian Constitution is violated which says the Right to Shelter and dignified life are part of the Right to Life.
4. No person shall be deprived of property except the law specified under Article 300A of the Indian Constitution.

Landmark judgments related to Demolition:

1. T. Plantation Pvt. Ltd. & Anr vs State Of Karnataka (2011): Any law that takes away the Article 300A should be fair and reasonable.
2. Olga Tellis v Bombay Municipal Corporation: Article 21 of the Indian Constitution, Right to Life includes, the right to livelihood and shelter.

The Supreme Court’s ruling against bulldozer justice upholds the core principles of the Constitution, emphasizing the importance of due process, equality, and the right to property. Arbitrary demolitions violate Articles 14, 21, and 300A, undermining the rule of law and individual rights. The guidelines issued by the Court ensure transparency, fairness, and accountability in property demolition cases, reinforcing the separation of powers and judicial oversight.

Author: Patenge Chathrapathi, in case of any queries please contact/write back to us at support@ipandlegalfilings.com or IP & Legal Filing

Recommendations:

1. Authorities must strictly follow the Supreme Court’s guidelines to prevent misuse of power.
2. Adequate training should be provided to officials on lawful demolition procedures.
3. A monitoring body should oversee demolitions to ensure compliance with due process.
4. Public awareness campaigns should inform citizens of their rights and remedies in case of illegal actions by authorities.

References:

1. Bulldozer justice simply unacceptable in a civilised system: Supreme Court by Debayan Roy. Available at: https://www.barandbench.com/news/litigation/bulldozer-justice-simply-unacceptable-civilised-system-supreme-court
2. ‘Bulldozer Justice Simply Unacceptable Under Rule Of Law’ : Supreme Court In Final Judgment Of CJI DY Chandrachud. Available at: https://www.livelaw.in/supreme-court/bulldozer-justice-simply-unacceptable-under-rule-of-law-supreme-court-in-final-judgment-of-cji-dy-chandrachud-274765
3. Housing and Land Rights Network (HLRN) Report (2023). Available at: https://www.hlrn.org.in/documents/Press_Release_Forced_Evictions_2022_2023.pdf
4. T. Plantation Pvt. Ltd. & Anr vs State Of Karnataka (2011)
5. Olga Tellis v Bombay Municipal Corporation
6. Indian Constitution