Supreme Court Halts Bulldozer Demolitions, Deals a Blow to State Practices

In a significant legal intervention, the Supreme Court of India has ordered a halt to all property demolitions, including those targeting individuals accused of crimes, until October 1, 2024, without explicit permission from the court. This decision marks a major setback for various State governments that have employed demolitions as a form of punitive action, often targeting marginalized communities.

No Demolition Without Our Permission, Says SC While Hearing Plea Against ‘Bulldozer Justice’

The Supreme Court has temporarily halted the demolition of private properties until October 1, 2024, emphasizing that even one instance of illegal demolition violates the Constitution’s ethos. The order does not apply to unauthorized structures on public land. This pause comes in response to petitions alleging that demolitions were being used as a punitive measure, often targeting minority communities. The court criticized the glorification of such actions, noting that involvement in a crime is not a valid reason for property demolition without due legal process. Solicitor General Tushar Mehta defended the demolitions, claiming they followed legal procedures. Rights groups argue that this “bulldozer justice” selectively targets certain communities, especially Muslims, under the guise of cracking down on illegal construction. Leaders like Akhilesh Yadav and Mayawati have called for uniform guidelines on demolitions to prevent misuse, welcoming the court’s intervention. The issue will be reviewed on October 1.

Political Reactions

The Supreme Court’s decision was met with varied reactions from political leaders. Samajwadi Party chief Akhilesh Yadav praised the court’s intervention, arguing that the bulldozer has been used as a symbol of political intimidation rather than justice. He condemned the practice as unconstitutional and a means to suppress opposition voices.

In contrast, Bahujan Samaj Party chief Mayawati called for uniform guidelines on demolitions to ensure legal and procedural fairness. She criticized both the central and state governments for the lack of clear regulations and urged a more consistent approach to such actions.

Future Implications

The Supreme Court’s intervention is expected to prompt a reevaluation of demolition practices across India. The court has indicated that it will lay down comprehensive guidelines on the matter after hearing all parties involved. Until then, the use of bulldozers for demolitions will remain suspended, signaling a significant shift in the judicial approach to property rights and punitive measures.

Supreme Court on Bulldozer Justice: Concerns

• The Supreme Court should consider whether the claim that only encroachments are being demolished is sufficient to excuse the violations of due process and rule of law seen in states like Uttar Pradesh, Madhya Pradesh, Haryana, and Delhi.
• In many cases, backdated eviction notices are used to justify demolitions, and the celebratory behaviour of officials in some cases exposes the political and communal motives behind these actions.
• The ruling parties in these states are believed to gain political mileage by portraying the demolitions as tough measures against anti-social elements, even though they are often thinly veiled communal actions presented as anti-encroachment drives.

Supreme Court Suggestions on Demolitions

• Local laws permit the removal of encroachments and unauthorised constructions, but the Supreme Court has stated its intention to establish uniform guidelines for these actions across India.
• The guidelines would focus on how unauthorised structures should be identified, ensuring that proper notices are issued and a fair hearing is given before any demolition action.
• The Court must be cautious that the guidelines do not obscure the correlation between communal violence and the subsequent demolitions.
• Digitalizing eviction notices is proposed as a solution to prevent backdated notices, but this may be difficult to implement universally across the country.

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