Justice Ujjal Bhuyan of the Supreme Court has voiced strong opposition to the practice of demolishing properties of accused individuals, equating such actions to “running a bulldozer over the Constitution.” He emphasized that these demolitions, often justified by authorities as targeting illegal structures, are deeply troubling. Justice Bhuyan highlighted the broader impact on innocent family members residing in these homes, questioning the justification for rendering them homeless due to the alleged actions of one individual.
This stance aligns with the Supreme Court’s earlier condemnation of “bulldozer justice.” In November 2024, a bench led by Chief Justice D.Y. Chandrachud ruled that such practices are unacceptable under the rule of law and violate Article 300A of the Constitution, which protects citizens from being deprived of their property without legal authority. The court mandated adherence to due process before removing illegal encroachments or unlawfully constructed structures.
The court outlined specific procedural safeguards to be followed before any demolition:
- Verification of Land Records: Authorities must first verify existing land records and maps to ascertain the legality of the structures.
- Proper Surveys: Conduct thorough surveys to identify actual encroachments.
- Written Notices: Issue proper written notices to alleged encroachers, detailing the nature of the violation and the intended action.
- Consideration of Objections: Allow the individuals an opportunity to present objections, which must be considered and addressed through a reasoned order.Reasonable Time for Compliance: Provide a reasonable timeframe for the occupants to voluntarily remove the encroachments.
- Legal Acquisition if Necessary: If additional land is required for public projects, it must be acquired legally, ensuring fair compensation to the affected parties.
Furthermore, the court emphasized that officials who violate these guidelines will face both disciplinary action and criminal charges.
These judicial pronouncements underscore the imperative for state authorities to uphold constitutional rights and ensure that actions against property are conducted lawfully, respecting the principles of natural justice.
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