"Justice by Rule, Not Ruin: SC Defends Property Rights"
Category: Property Law
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INTRODUCTION
The Supreme Court has strongly denounced the trend of state authorities resorting to the demolition of homes and properties of persons as a punitive action for their alleged involvement in crimes.
A bench headed by Chief Justice D.Y. Chandrachud observed that justice through bulldozers is unknown to any civilized system of jurisprudence. The judgement was delivered on November 6, 2024, in a case concerning the illegal demolition of a house in the Maharajganj district of Uttar Pradesh.
BACKGROUND
On November 6th, 2024, a bench headed by Chief Justice D.Y. Chandrachud observed that justice through bulldozers is unknown to any civilized system of jurisprudence. The bench also comprised Justices J.B. Pardiwala and Manoj Misra, said, “Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter”. Article 300A of the Constitution says that no person shall be deprived of his property save by the authority of law.
The court noted that citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The CJI wrote in the order, "Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons."
The court said there were municipal laws and town-planning legislation that contained adequate provisions for dealing with illegal encroachments. The court further mandated that any action in respect of public or private property must be backed by due process of law. The Court said “You can't come with bulldozers and demolish the constructions overnight. You don't give the family, time to vacate. The Court also questioned, “What about the household articles inside the house?”
KEY ASPECTS
Rule of law & Due process: The court underlined the breach of Article 300A by these demolitions without following legal procedures, as it provides property rights against arbitrary actions by the state.
Selective Justice Warning: The court said that before anyone tries to demolish properties, bulldozer justice risks unconstitutional selective action based on personal or political reasons.
Build it Within the Law of Municipal: There are clearly defined structural methods in Place for dealing with encroachments as per the municipal / town-planning laws and it would be arbitrary to take action without following those prescribed procedures against the property of citizens.
CONCLUSION
The Indian Supreme Court speaking against the provision which is referred to as ‘bulldozer justice’ reiterating the fact that such demolitions cannot take place without due process being followed.
A residential house in Uttar Pradesh was ordered to be demolished in 2019, which the court later deemed illegal and also directed compensation to the aggrieved party. The court reinforced the notion that the properties of citizens have to be respected and those officers undertaking illegal demolitions need to undergo punishment. The Supreme Court stressed that demolitions will not be arbitrary and will be carried out after invocation of proper legal procedure and adequate time will be given for the residents to shift and not be selectively targeted for eviction.
