NEW DELHI: The Supreme Court on Wednesday laid out comprehensive guidelines to ensure due process in property demolitions, especially those linked to accused individuals. Pointing out the unconstitutionality of demolishing homes merely because a resident is accused or convicted of an offense, the bench comprising Justices B R Gavai and K V Viswanathan underscored that guilt is for the judiciary alone to determine.
Here are the key highlights of the Supreme Court’s new guidelines:
- Executive cannot play judge: A bench comprising Justices B R Gavai and K V Viswanathan remarked that it is “totally unconstitutional” for authorities to assume the role of the judiciary by punishing accused individuals through demolition orders.
- Mandatory
show cause notice : All demolition actions must be preceded by a show cause notice, with a minimum 15-day period given from the notice’s issuance before any demolition activity. This aims to ensure that individuals have a fair opportunity to respond to the notice.
Videography of demolition proceedings: To maintain transparency, the court mandated that all demolitions be videographed. This measure is intended to create an official record and deter any misuse of power by the authorities.Right to shelter as a fundamental right: The court upheld the right to shelter as fundamental under the Constitution, highlighting that even if an individual is convicted of a serious crime, their home cannot be demolished without following legal due process.- Protection against selective demolitions: SC said that demolition of a house belonging to a family, just because one of them is an accused or convict, is akin to inflicting collective punishment on the family, which is wholly impermissible in law.
- Compensation for families and accountability for officials: In cases where demolitions occur unlawfully, the court ruled that affected families are entitled to compensation. The court also ruled that those officers who acted arbitrarily or illegally would be proceeded against.
- Guidelines applicable nationwide: The Supreme Court directed that these mandatory guidelines be circulated among all states and union territories. It also ordered states to issue circulars containing the guidelines to all district magistrates, ensuring local-level awareness and compliance.
- Guidelines not applicable in cases of unauthorized construction on public land: The Supreme Court clarified that these protections do not extend to unauthorized constructions on public land or court-ordered demolitions. The guidelines apply specifically to homes that authorities may target due to the occupants’ accused or convicted status.
This comes after SC bench headed by former Chief Justice of India has firmly stated that citizens’ properties cannot be threatened with demolition and that “bulldozer justice” is “unacceptable”. The bench emphasised that no civilised legal system recognises justice through bulldozers, and proper legal procedures must be followed before addressing illegal constructions or encroachments.
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