‘Have your own house, have your own yard,
Everyone lives in this dream.
This is the desire of the human heart.
May the dream of a house never go away.
These lines were said by the Supreme Court this Wednesday when hearing the petition filed against ‘Bulldozer Justice’. Furthermore, the court made a strong comment on the destruction of the houses of the accused/convicts by the administration. The Supreme Court bluntly stated that arbitrary attitudes will not be tolerated in this matter. Agents cannot work arbitrarily; If the bulldozer is used in this way, only the officer will compensate. Without a hearing, the accused cannot be declared innocent.
The Supreme Court said: “The authorities should also be informed that if the action of the excavator is found to be in violation of the orders of the Court, the authorities concerned will be liable, at their personal expense, for the reimbursement of the demolished property, in addition to the payment of damages. “The court said that it is not a pleasant sight to see women, children and the elderly dragged through the streets at night. If the officers hold hands for some time, no problem will happen to them.
The Supreme Court has issued several guidelines while delivering its verdict on the action of the excavator. Now, before acting with an excavator anywhere, the administration will have to ensure, according to these instructions, whether measurements can be taken on the structure or not.
- The house cannot be demolished simply because you are accused or guilty.
- Whether the matter is worth resolving or not.
- Notice before bulldozer action.
- Moment of personal hearing.
- The administration will have to explain why the bulldozer action is necessary.
- The process of demolition of the structure will have to be explained.
- Action will be taken against the officer for violating the guidelines.
The court has issued guidelines explaining why bulldozer action cannot be taken against the accused and under what circumstances they will be valid. If it is necessary to use a bulldozer, what will be the process?
1- In what situations cannot the bulldozer action be carried out?
Now you can’t demolish a house just because someone is accused. The court said: “The State cannot take arbitrary action against the accused or the guilty. Bulldozer action amounts to collective punishment, which is not permitted in the Constitution. No one can be found guilty without a fair trial. State of law, legal Equity in the system must be considered. The rule of law does not allow arbitrary discretion and the question of abuse of power arises.
2- In which cases will the court’s instructions not apply?
The Supreme Court described the action with the excavators on the houses of the accused and the guilty parties as illegal. But the action of the bulldozers will not stop in all cases. The guidelines issued by the court also mention some aspects where the court’s directions are not applicable. The Supreme Court guidelines will not apply to unauthorized occupation of roads, footpaths, railway tracks or bodies of water.
The court said: “We make it clear that these instructions will not apply in cases where an unauthorized structure exists on a road, street, footpath, adjacent to a railway line or in any public place such as a river or body of water.” . Apart from this, the court further said that today’s decision will not be applicable even in those cases where the court has issued a demolition order.
3- Why doesn’t the bulldozer run if there is an accused or a guilty party?
No bulldozer action will be taken against any person if accused or guilty. The court has given arguments in this regard. During the hearing, the Supreme Court spoke of legal protection for those accused of any crime and even for those guilty. The court said the accused and culprits have also been given criminal protection. That is, the rule of law cannot be allowed to be destroyed by demolishing the houses of the accused with bulldozers. The court said: “The protection of civil rights and liberties is necessary in a constitutional democracy.”
4- How will the action of the excavators violate the law?
The Supreme Court stated that if the executive arbitrarily demolishes a citizen’s house because he is accused of a crime, it is a violation of the Constitution and the law. Officials should be held accountable for acting in such an arbitrary manner.
Officials cannot be forgiven for misusing power.
5- What happens if the matter has a solution?
If there is a problem that can be solved, then in such a situation the entire house cannot be demolished. The court said: “When considering demolishing a house/building in violation of local laws, one must consider what is permitted by municipal law.” The court said that if unauthorized construction is negotiable, then it should be done.
6- Under what circumstances will the bulldozer operate only in some parts of the house?
Issuing guidelines, the Supreme Court has also said that if possible, part of the construction can be demolished. The court said authorities will have to prove whether the structure is completely illegal or not. If there is any possibility of reducing crime or demolishing only part of it, it should be done.
Read also: Where will the bulldozer run? “Where will the bulldozer run? Where will it stop? 28 important things about the Supreme Court decision
7- What is the notice and recusal process fifteen days in advance?
Following the Supreme Court’s order, a notice will be sent to the homeowner by certified mail and posted on the outside of the building. The reason for operating the excavator and the date of the hearing will need to be mentioned in the notice. After notification is made at the address, a period of 15 days will be given. Once the notification is given, the information will be sent by the Collector and the District Magistrate. After this, the Collector and DM will appoint nodal officers in charge of demolition of municipal buildings etc. The authority will know the personal hearing, it will be recorded and after that the final order will be issued.
The owner will have the opportunity to demolish or remove the unauthorized structure within 15 days of the order. The court also said in its order that if an order to demolish a house is passed, time must be given to appeal against this order. It is not a pleasant sight to see women and children in the streets after an unattractive nighttime demolition.
The court said, “A 15-day show cause notice should be issued. Thereafter, an automatically generated email should be sent to the Collector/District Magistrate as soon as the notice is issued, so that the retroactivity”.
8- What will be the process if the owner of the house/structure does not oppose the action?
The Supreme Court said, “To remove fear in the minds of citizens, we find it necessary to issue directions under Article 142. We believe that wherever demolition orders have been issued, there will be a right to challenge the notices.” Time should be given for this and arrangements should also be made for alternative accommodation. The court said we also believe that even in such cases, those who do not want to oppose the demolition order should be given enough time to vacate.
Also read: ‘Demolishing the house of an accused or a convicted person is also wrong…’, “‘Demolishing the house of an accused or a convicted person is also wrong…’, Supreme Court draws Laxman Line on action of excavator
9- What will happen in the digital portal?
The Supreme Court in its order said that within 3 months a digital portal should be created, in which information about the excavator action notice and the date of display of the notice at a public place near the house/structure will be given. . A date must be set for the personal hearing. It must be indicated in the order why the dozer action is required.
The video recording of the demolition will be carried out in the presence of police and officials. This report will be published on the portal.
10- What will happen if the action of an excavator is considered illegal?
The Supreme Court said that if the building has been demolished illegally, contempt action will be taken against the officials and they will have to pay compensation. A detailed report will be prepared on the ground while demolishing unauthorized structures.
The Supreme Court in its decision clearly said that all instructions must be followed and if not followed, contempt and prosecution action will be taken. In addition, officials will be obliged to return the demolished property at their own expense, along with compensation. Instructions must be given to all Chief Secretaries.
