Bulldozer Insight
Let’s explore why the Supreme Court stops illegal Bulldozer demolitions across the country!
In the latest development, two applicants seeking urgent relief through a petition filed against bulldozer action by authorities in Madhya Pradesh and Rajasthan before the Court. In Udaipur. The Municipal Corporation demolished a tenant’s house for allegedly ‘encroaching’ on forest land. In Madhya Pradesh, a family’s ancestral home was pulled down.
Last time, a batch of petitions was filed before Supreme Court in 2022 relating to the demolition drive scheduled for April 2022 in Delhi’s Jahangirpuri. The drive was ultimately stayed but the petitioners prayed for declaration that authorities cannot resort to bulldozer actions as a form of punishment.
When the matter was heard in September 2023, senior Advocate (appearing for some of the petitioners) voiced concerns about the rising trend of State Governments demolishing the homes of accused of crimes. Empathetically stressing that the right to a home was a facet of the Right to Life under Article 21 of the Indian Constitution.
In an earlier occasion, the court heard the case in the year 2022, Mr. Dave appearing for Jamiat – Ulama – i – Hind then, had said, the court should view the problem from a larger perspective. In this occasion it was argued that several houses of persons were demolished in Delhi’s Jahangirpuri immediately after riots in April 2023 on the allegation that they had instigated the riots.
In response, the apex court expressed that “house of a person cannot be demolished merely because he is accused of a crime. It can’t be demolished even if he is convicted. the demolition can be carried out on only as per the procedure in accordance with the law,” said J. Gavai. On the last hearing, the court had expressed an intention to lay down pan – India guidelines to address the concerns that authorities in several states are resorting to the demolition of houses of persons accused of crime as a punitive action. At this end, parties were asked to submit draft suggestions which could be considered by the Court.
Senior Advocate Chander Uday Singh submitted that demolitions are going on despite the court expressing concerns about demolition actions during the last hearing. He submitted that (around 12 September) one party was accused of stone pelting and on the same night house was demolished. While hearing a batch of pleas against bulldozer actions in various states yesterday, the Supreme Court passed an interim order that no demolition shall take place in the country without its’ permission. The court however clarified that this order won’t be tied in this manner. However, the bench refused to relent saying that heavens won’t fell if the demolitions are stopped for two weeks.
A bench of Justices BR Gavai and KV Viswanathan passes this direction in a batch of petitions accusing various state governments of demolishing the buildings of persons accused of crimes as a punitive measure.
Glorification of Bulldozer Justice
“There has been glorification, grandstanding and justification of bulldozers after September 2”, Justice Viswanathan addressed Solicitor General Tushar Metha, appearing for the State of Uttar Pradesh. Notable, Solicitor General of India Tushar Mehta raised objections to the Court’s order saying that the hands of statutory authorities can’t be filed in this manner. However, the bench refused to relent saying that heavens won’t fall if the demolitions are stopped for two weeks.
When the Solicitor General submitted that he can’t ask authorities to hold hand pan – India. The bench said that it has passed the direction invoking its special powers under Article 142 of the Constitution. “We made clear we won’t come between unauthorized constructions, said J Gavai. J Viswanathan on the other hand added, “Even if there is one instance of illegal deletion. It is against the ethos of Constitution”. After the order there have been statements that bulldozers culture has continued even after the Apex Court’s decision to frame guidelines against illegal demolitions by the authorities. It was time to “stay your axe”, J Gavai said.
SC took a veiled dig at a Minister from Uttar Pradesh who reportedly commented that bulldozer use will continue deposit the Court’s earlier observation that authorities can’t demolish a person’s house just because he is an accused.
Vishwanathan further asked Mr. Metha to assist the court on ways to stop illegal, retributory or communal demolitions by State or municipal authorities. The judge said the court could even arraign the Election Commission of India in the case. “I will assist your lordships to be disabused of this narrative of the petitioners,” Mr. Metha reacted.
Justice Vishwanathan lashed out that the State should first disabuse its min of the feeling that the court was against it. “We go by your affidavit. We want to streamline… there would be directives laid down within the framework of the municipal law, so that this whole concept (of bulldozer justice) is a bad dream.” Justice Vishwanathan addressed Mr. Metha orally.
On September 2, the apex court had decided to frame uniform guidelines on a Pan – India basis to streamline the procedure for identifying unauthorized structures, issuing notice to persons concerned, giving them a fair hearing and subsequent action.
Supreme Court stops illegal Bulldozer demolitions across the country.
