In a firm stance against unauthorized demolitions, the Supreme Court has declared that officials involved in unlawful demolitions must bear the financial burden of restoring properties and compensate the affected parties. This warning, part of a judgment against “bulldozer actions,” outlines that government officials who bypass judicial orders to demolish properties will face personal liability, including contempt of court proceedings.
The bench, led by Justices BR Gavai and KV Viswanathan, emphasized that officials cannot play judge and executioner by demolishing properties under the guise of enforcing justice. The Court’s judgment noted that such demolitions not only undermine the rule of law but also violate the right to shelter, often penalizing entire families for alleged offenses committed by one member. Arbitrary demolitions, the judgment highlighted, are a form of “collective punishment” incompatible with democratic values.
To curb these high-handed actions, the Court issued strict directives, mandating a show-cause notice at least 15 days before any demolition, along with a personal hearing and a reasoned final order. Even after a final order, a waiting period of 15 days is required before demolition can proceed, giving the affected party a window to appeal or vacate.
Further, the Court ordered that all demolitions be videographed, with a list of participating officials maintained. A digital portal must be created by local authorities to upload demolition orders and notices in real time to prevent back-dating accusations.
“These directives,” the Court stated, “are essential to ensure that public officials act transparently and avoid arbitrary, discriminatory actions. Should they overstep, they must face accountability.”
The ruling aims to uphold the rule of law, stressing that unchecked actions by officials could erode public trust in the judiciary and disrupt the doctrine of separation of powers.
