“Executive Cannot Replace Judiciary”: Supreme Court On Bulldozer Justice

New Delhi: Coming down hard on “bulldozer justice,” the Supreme Court on Wednesday laid down pan-India guidelines on demolition of properties and stated that it is unconstitutional to demolish a person’s house without following due process of law merely because they are allegedly accused of a crime.

While hearing petitions challenging bulldozer action against people accused of a crime, a bench of justices comprising B R Gavai and K V Viswanathan said that the Executive cannot replace the Judiciary.

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Known as ‘bulldozer justice,’ the trend caught on in several states but is most prominent in Uttar Pradesh. Previously, state governments claimed that only illegal structures were demolished in such cases; however, several petitioners flagged the extrajudicial nature of the actions by state authorities.

The bench observed that for an average citizen, a house is the “culmination of years of hard work, dreams, and aspirations,” as it embodies hope of security and the future.

The top court stated that a showcause notice shall be served within 15 days to the owner of the property by registered post and fixed on the outer area of the structure. The notice must include the nature of unauthorised construction, details of the specific violation, and grounds for demolition. The court further added that the demolition has to be video recorded.

Violation of the guidelines laid down by the court will invite contempt, stated the bench.

Officers should be informed that if a demolition exercise is found to be in violation of norms, they will be held responsible for reparation of the demolished property. The court said that the cost for the same would be recovered from the officials’ salary.

The court pointed out that when a specific structure is chosen for demolition suddenly and similar properties remain untouched, the presumption could be that the real motive was “penalising without trial” and not razing an illegal building.

Also Read | Supreme Court Warns UP Against Bulldozer Actions After Bahraich Violence

“The rule of law is the foundation of a democratic government… the issue relates to fairness in the criminal justice system, which mandates that legal process should not prejudge guilt of accused,” the court observed.

Highlighting the separation of powers, the bench said, “We have referred to the doctrine of public trust and public accountability. We have concluded that if Executive demolishes the house of person arbitrarily merely because he is accused, it violates principle of separation of powers.”