SC's New Guidelines: Curbing Illegal Property Demolitions

The Supreme Court issued guidelines on November 13, 2024, addressing "bulldozer justice" in states like UP, MP, Uttarakhand, and Rajasthan where properties were demolished as punitive measures. The guidelines require a 15-day notice period before demolition

Background and Context

Supreme Court issued guidelines on November 13, 2024, addressing "bulldozer justice"
Cases emerged from states like UP, MP, Uttarakhand, and Rajasthan where properties were demolished as punitive measures
Chief concern: Properties were being demolished merely because owners were accused of crimes
Court exercised powers under Article 142 of Constitution to establish nationwide guidelines

Key Guidelines and Procedures

Mandatory 15-day notice period before any demolition

Notice must include:

- Detailed reasons for demolition
- Schedule for personal hearing
- Opportunity for property owners to contest

Post-order requirements:

- Additional 15-day window for appeal or removal
- Mandatory video recording of demolition
- Detailed inspection and demolition report
Officials can face personal liability for violations
Guidelines don't apply to encroachments on public land or unauthorized structures

State-wise Legal Framework

Rajasthan:

Municipalities Act requires written notice and representation opportunity
Only Tehsildar authorized for eviction orders

Madhya Pradesh:

Municipalities Act mandates show-cause notice
Demolition allowed only if no sufficient cause shown

Uttar Pradesh:

15-40 day notice period required
Owners can appeal, but Chairman's decision is final

Delhi:

DMC Act requires reasonable opportunity to object
Commissioner can order demolition without notice for unauthorized structures

Court's Reasoning:

Emphasized separation of powers between judiciary and executive
Upheld right to shelter under Article 21
Stressed protection of innocent family members
Highlighted need for transparency and accountability

Notable Quotes: "Apna ghar ho, apna aangan ho, is khawab mein har koi jeeta hai" (Everyone dreams of having their own home and space)

Justice K.V. Viswanathan and Justice Gavai's bench

Impact and Future Implications:

States must implement transparent demolition processes
Affected families may seek restitution
Guidelines ensure protection of citizen rights
Challenges remain in implementation and compensation
Future policies must address restitution for past victims

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