The Supreme Court on Tuesday halted bulldozer demolitions across India until October 1, unless they are on public roads, water bodies, or railway lines, and require the Court’s permission. The Court also stated that it would establish guidelines on how and when properties can be demolished under municipal laws.
Last week, a Supreme Court bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti criticized “bulldozer justice,” noting that such demolition threats are unthinkable in a country where the rule of law prevails.
The case arose when municipal authorities in Gujarat threatened to demolish the house of a family, one of whose members was named in an FIR. The petitioner, a co-owner of the property in Kathlal, Kheda district, brought the case to the Supreme Court. The petitioner’s lawyer argued that the family had lived in the houses for about two decades.
“In a country governed by the rule of law, the actions of one family member cannot justify action against other members or their legally constructed homes. Being accused of a crime is not a valid reason for demolishing property,” the bench remarked.
Guidelines to regulate demolitions: Supreme Court
On September 2, the Supreme Court indicated that it would issue guidelines to regulate demolitions across India. “We are looking at broad guidelines to prevent unregulated demolitions. There should be documentation, notice, time to file a reply, and an opportunity to pursue legal remedies before demolition… we aim to resolve this issue on a national scale,” stated the bench of Justices Bhushan R Gavai and KV Viswanathan.
