In a strong rebuke of punitive demolitions, the Supreme Court underscored that a legally constructed property cannot be torn down based on mere allegations of a family member’s involvement in a crime. The Court emphasized that such actions violate the rule of law, warning that authorities cannot “run a bulldozer over the laws of the land.”
A bench consisting of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti issued a notice, returnable within four weeks, on a petition filed by a man facing the potential demolition of his family’s home by municipal authorities. The threat of demolition arose after a family member was implicated in a criminal case.
The Court ordered that the status quo be maintained, safeguarding the petitioner’s residence until further notice. The FIR in question was lodged on September 1, 2024, against one of the petitioner’s relatives. In response, local authorities allegedly threatened to demolish the family home, prompting the petitioner to seek intervention from the Supreme Court.
The petitioner’s senior counsel, Iqbal Syed, invoked a prior Supreme Court ruling addressing similar demolition threats nationwide. He also presented evidence showing the petitioner’s co-ownership of the property in Kheda District, Gujarat, including documentation dating back two decades that confirmed the family’s legal residence.
Syed argued that while the law should hold the accused accountable, it does not justify targeting unrelated family members or threatening their lawful property. He pointed out that the petitioner had filed an official complaint against the demolition threats, requesting due process under the newly established Bharatiya Nyaya Sanhita, 2023.
The Supreme Court reiterated that any alleged criminal conduct must be prosecuted through formal legal channels, not through extra-judicial actions like demolishing homes. The justices’ remarks add to a growing chorus of judicial concern over the use of property demolitions as a form of punishment. Earlier this month, a different Supreme Court bench expressed its intent to establish nationwide guidelines to curb such practices.
The Court’s intervention in this case sends a clear message: in a country governed by the rule of law, justice cannot be bulldozed.
