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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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