Delhi: SC cracks down on arbitrary demolitions, mandates 15-day notice before any property demolition

New Delhi: In a significant ruling on Wednesday, the Supreme Court of India laid down strict guidelines for demolitions, emphasizing the importance of protecting citizens' rights and adhering to legal processes. The court directed that no demolition should take place without providing the property owner with at least a 15-day notice. This notice must be sent via registered post and affixed to the outer portion of the structure in question, clearly outlining the nature of the unauthorised construction, specific violations, and the grounds for demolition.

Stricter Demolition Rules to Safeguard Citizens' Rights

The ruling by the bench of Justices BR Gavai and KV Vishwanathan reinforced the principle of "rule of law," condemning arbitrary actions by the executive. "Rule of law and the rights to citizens against arbitrary action of the executive. Legal process can't condone such action," the bench stated. The judges further underscored that the executive should not replace the judiciary’s role in determining demolitions, as this undermines the rule of law.

The Supreme Court clarified that even in cases of encroachment, demolition should only be pursued if it is the last resort, and authorities must justify that no other action is possible. The court also called for all notices related to demolitions to be uploaded on a designated municipal portal for greater transparency. In addition, district magistrates will be held accountable for monitoring compliance with these guidelines.

Focus on Accountability and Transparency

The apex court’s decision comes amidst growing concerns about the rising practice of bulldozer demolitions across the country. The bench was hearing petitions related to demolitions carried out without legal procedure, with one of the applications arguing that the practice has disproportionately targeted minority and marginalized communities. The court has raised alarms over the increasing use of demolitions as a form of extra-legal punishment.

Court's Interim Order: Protection for Property Owners

The Supreme Court's ruling also extended an interim order preventing demolitions without court permission, effective until further notice. However, the court made exceptions for unauthorised constructions, including those blocking public roads or footpaths, with a particular focus on ensuring public safety. In cases involving religious structures, the court maintained that public safety remains the priority, regardless of religious affiliation.

Supreme Court's Clear Stand on Equal Treatment

The court made it clear that the legal process for demolitions should apply uniformly across all communities, regardless of faith. India, being a secular nation, must adhere to the rule of law, the court remarked, stressing that demolitions cannot be carried out solely based on religious grounds.