Why in News?

The Supreme Court has established the first-ever guidelines to counter arbitrary demolitions, aiming to protect citizens from unjust actions by state authorities.

This ruling emphasises that demolitions without due process violate the rule of law and highlights the misuse of “bulldozer justice” in a civilised society.

What’s in Today’s Article?

• What is Bulldozer Justice?
• Case Background
• Key Highlights of the Ruling
• Wider Impact of the Ruling
• Implications of the Ruling
• Conclusion

What is Bulldozer Justice? It refers to the instant justice mechanism that is propagated by the government of various states to punish the alleged rioters and protestors by razing down their houses, stalls or any construction with the use of JCB.

Case Background:

• The Tibrewal Akash incident:
  • The guidelines stemmed from a 2019 case in which journalist Manoj Tibrewal Akash’s ancestral property was demolished in Uttar Pradesh.
  • Authorities cited expansion of a National Highway as the reason, but the court found multiple violations.
  • No written notice was served, and the demolition exceeded the alleged encroachment area.
  • The petitioner claimed the demolition was retaliatory, triggered by his father’s demand for an investigation into irregularities in a road project.
• NHRC findings:
  • The National Human Rights Commission (NHRC) found the demolition unjustified, as authorities overstepped the encroachment area.
  • Only 3.70 metres of land allegedly encroached, yet authorities demolished between 5-8 metres.

Key Highlights of the Ruling:

• Need for safeguards against arbitrary demolitions:
  • A bench led by Chief Justice of India (CJI) underscored that arbitrary demolitions threaten the constitutional right to property.
  • To ensure fair treatment, the court mandated that all demolitions must be preceded by specific legal steps, adding accountability for public officials involved in unlawful demolitions.
• Mandatory steps before demolition: The SC outlined six essential procedures that must be followed before any property can be demolished:
  • Verification of existing land records and maps.
  • Proper surveys to identify encroachments.
  • Issuance of written notices to encroachers.
  • Consideration of objections with formal orders.
  • Reasonable time allowance for voluntary removal.
  • Legal acquisition of additional land, if necessary.

Wider Impact of the Ruling:

• Disciplinary and criminal action:
  • The court ordered disciplinary action and criminal charges against officials who approved or executed demolitions without adherence to legal protocols.
  • This applies to any state action where demolitions are used selectively as punishment.
  • The UP chief secretary was instructed to conclude disciplinary actions within four months and to investigate arbitrary demolitions thoroughly.
• Compensation for damages: The SC directed interim compensation of ₹25 lakh to the petitioner and ordered a review of similar cases in the area.

Implications of the Ruling:

• Addresses rising concerns: Over the use of bulldozers to target minorities, protesters, and critics of governments.
  • The court clarified that while illegal encroachments must be dealt with, demolitions must strictly adhere to legal standards.
• Nationwide implementation:
  • The court directed that all states and UTs implement these guidelines.
  • Copies of the judgement were sent to chief secretaries across the country to ensure these procedures are enforced uniformly. 

Conclusion:

• The SC’s guidelines serve as a critical reminder of the rule of law, mandating that demolitions cannot be used as a tool for intimidation or selective punishment.
• This landmark decision enforces public accountability and reaffirms citizens’ rights to property under Article 300A of the Constitution while establishing a fair and transparent approach to handling encroachments.