NEW DELHI, Nov 13: In a landmark ruling, the Supreme Court of India on Wednesday declared that executive authorities cannot assume judicial powers by demolishing properties of accused individuals to determine guilt. The judgment, addressing a series of pleas against recent “bulldozer actions” targeting accused individuals, emphasizes that any demolition without proper authorization will be deemed “arbitrary.”
The court underscored the critical role of the “rule of law” in democratic governance, asserting that guilt cannot be presumed, and arbitrary demolitions contravene the fundamental principle of separation of powers. By bypassing judicial due process, such demolitions, the court stated, threaten the integrity of India’s legal framework.
A two-judge bench has issued comprehensive, pan-India guidelines to curb unauthorized demolitions. According to the guidelines, no demolition action may take place without issuing a prior show-cause notice to the affected party. The notice period must adhere to the timeline prescribed by local municipal laws or a minimum of 15 days from the date of service, whichever is later. This provision aims to ensure that individuals are afforded due time to respond before any property action.
Further, the designated authority must offer a personal hearing to the affected individual, with official minutes of the hearing to be recorded. All demolition proceedings must be video recorded, with footage retained, reported to the district collector, and displayed on a digital portal to maintain transparency and accountability.
