SC's New Guidelines: Curbing Illegal Property Demolitions

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