Supreme Court Halts Bulldozer Action Nationwide; Officials to Bear Demolition Costs

The Supreme Court has ordered a nationwide ban on bulldozer action, expressing its dissatisfaction with such actions. In its ruling, the Supreme Court stated that the administration cannot act as a judge, urging restraint in demolition activities. This directive applies not just to one state but across the entire country. According to the Supreme Court, no one’s home should be demolished solely based on their involvement in a criminal case or being an accused. The Court emphasized that the administration cannot bypass the law in carrying out bulldozer actions.

Supreme Court’s Key Points:

1. Right to Appeal: If a demolition order is passed, time must be provided to appeal against it.
2. Humanitarian Consideration: It’s disheartening to see women and children left on the streets overnight after a demolition without appeal.
3. Protected Areas: Demolitions should not affect illegal constructions on roadsides, riverbanks, etc.
4. Notice Requirement: Demolition cannot proceed without a show-cause notice.
5. Notice Delivery: The property owner must receive a registered mail notice, which should also be displayed on the property.
6. Waiting Period: 15 days must be provided after the notice is served.
7. Information Sharing: After service, information should be sent by the Collector and District Magistrate.
8. Appointment of Officers: Nodal officers will be appointed by the Collector and DM for overseeing demolitions of municipal buildings.
9. Clear Communication: The notice should specify the nature of violations, date of personal hearing, and the forum where the hearing will take place, and a digital portal will be provided with notice details and orders.
10. Personal Hearing: The authority will conduct a personal hearing, record minutes, and then pass the final order.
11. Digital Display: The order will be displayed on a digital portal.
12. Opportunity for Compliance: The owner will have 15 days after the order to voluntarily remove the unauthorized structure.
13. Phased Demolition: Demolition will proceed in phases.
14. Videography Requirement: The entire demolition process will be recorded and preserved.
15. Reporting: The demolition report will be submitted to the Municipal Commissioner.

The Supreme Court further directed that if officials fail to follow these guidelines, they will face contempt and prosecution. Additionally, officials will be held financially responsible for restoring demolished property at their own expense if found liable.