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The Supreme Court's intervention was prompted by a case from Gujarat, where municipal authorities threatened to demolish a family's home after a member of the household was named in an FIR.
The Supreme Court of India has temporarily halted bulldozer demolitions across the country until October 1, unless they involve public roads, water bodies, or railway lines. The court's decision reflects concerns over the widespread use of demolition as a punitive measure without proper legal oversight. The ruling was issued on Tuesday, and the court announced it would develop formal guidelines to regulate when and how properties can be demolished under municipal laws.
Criticism of Bulldozer Justice
Last week, a Supreme Court bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti expressed strong disapproval of the increasing use of bulldozers in demolitions, particularly in cases where properties are destroyed without due legal process. The bench criticized what it referred to as "bulldozer justice," calling it a practice that is "inconceivable" in a nation governed by the rule of law. The justices emphasized that any state action, including demolitions, must be in accordance with the law and not used arbitrarily.
Case in Gujarat Sparks Concern
The Supreme Court's intervention was prompted by a case from Gujarat, where municipal authorities threatened to demolish a family's home after a member of the household was named in an FIR. The family, which has lived on the land in Kathlal, Kheda district for over two decades, sought the court's protection against what they viewed as an unfair and retaliatory action.
The petitioner’s lawyer argued that the house in question was legally constructed, and the involvement of one family member in an alleged crime should not justify the demolition of their residence. The Supreme Court concurred, stating, "In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally constructed residence."
Akhilesh Yadav's Reaction
On Supreme Court's direction, SP chief Akhilesh Yadav said, "Bulldozer can't be justice. It was unconstitutional, it was to scare people. Bulldozer was to deliberately suppress the voice of Opposition. I thank Supreme Court for this direction that has stopped bulldozer. CM, UP government and the people of BJP glorified the 'bulldozer' as if this is justice...Now, when the Supreme Court has given a direction, I think the bulldozer will stop and justice will come through court."
News is originally taken from: https://bit.ly/4gvrcC4
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