Supreme Court on Bulldozer Action: “A house is everyone’s dream, it is a struggle of many years and a symbol of honour. If a house is demolished, the officer will have to prove that this was the last resort. Officers cannot become judges themselves.” The Supreme Court made this comment on Wednesday while giving its verdict on the bulldozer action.
A bench of Justices BR Gavai and KV Vishwanathan issued 15 guidelines for the entire country on bulldozer action.
The court said that if a decision has been taken to demolish the house, then 15 days time should be given. Videography of the house demolition process is necessary. If any officer violates the guidelines, then he will rebuild the property at his own expense and will also pay compensation.
Everyone lives in the dream of having their own home and courtyard. It is the desire of every human being that the dream of having a home should never be lost.
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After continuous bulldozer action in Uttar Pradesh, Madhya Pradesh and Rajasthan, Jamiat-Ulema-e-Hind had filed a petition in the Supreme Court. It was alleged that Muslims are being targeted and bulldozer action is being taken in BJP ruled states.
The central government had argued that the court should not tie our hands with its decision. No one’s property has been demolished because he has committed a crime. Action has been taken under the law on the illegal encroachment of the accused.
4 final comments of the Supreme Court on bulldozer action
1. Every man dreams of a house, can it be snatched away?
Justice BR Gavai said, “A man always dreams that his home should never be snatched away. It is everyone’s dream to have a roof over their head. Can the authorities take away the roof of a man who is accused of a crime? Whether he is an accused or a convict, can his house be demolished without following due process?”
2. Officials are not judges, they cannot decide who is guilty
The Supreme Court said, “If a person is only an accused, demolishing his property is completely unconstitutional. Officials cannot decide who is guilty, they cannot become the judge themselves whether someone is guilty or not. This is crossing the limits.”
3. The officer should not be spared for action with wrong intentions
The Supreme Court said, “If an officer demolishes a person’s house because he is an accused, it is wrong. If the officer takes the law in his own hands, then action should be taken. Arbitrary and one-sided action cannot be taken. If the officer does this, then there should be a system to take action against him. The officer cannot be spared.”
4. Demolishing a house was the last resort, this has to be proved
Justice Gavai said, “A house is a matter of socio-economic fabric. It is not just a house, it is a struggle of years, it gives a feeling of dignity. If a house is demolished, then the officer has to prove that this was the last resort. Until someone is proven guilty, he is innocent. In such a situation, demolishing his house is like punishing his entire family.”
The court has said that before the bulldozer action, the landlord should be given a chance to respond by sending a notice following the proper legal procedure.
The Supreme Court has said:-
- Municipal rules should be followed in bulldozer action
- Notice should be sent to the landlord as per the rules
- This notice should be sent by registered post and should also be pasted on the house
- The notice should explain how the construction is illegal? What documents will the building owner have to present to prove it legal?
- Give at least 15 days time to the person who has been sent the notice. No action should be taken before that. If someone wants to remove the illegal construction himself, he should be allowed to do so
- Pass order after hearing the response of the building owner
- It should be seen whether the construction can be regularized by levying a fine or whether only some part needs to be demolished
- Demolish a house only if there is no other option
- Information regarding the notice sent to the building owner should also be sent to the District Magistrate of the district
- All DMs to appoint a nodal officer to look into demolition related cases within 1 month
- Create a portal and upload all the notices in it within 3 months
- While demolishing the construction, the entire process should be videographed
- The names of the municipal and police officials present during the proceedings should be recorded
- Those officers who do not follow these instructions and demolish the houses arbitrarily will have to personally compensate for it. The cost of rebuilding the house will be recovered from them.
Observations of the Supreme Court in the last 2 hearings
17 September: Center said- do not tie hands, court said- the sky will not fall Supreme Court had said on 17 September that there will be no bulldozer action till 1 October. Not a single bulldozer action should be taken in the country till the next hearing. When the Center questioned this order that the hands of constitutional institutions cannot be tied like this. Then Justice BR Gavai and Justice KV Vishwanathan said- if the action is stopped for two weeks, the sky will not fall.
12 September: Supreme Court said – Bulldozer action is like running a bulldozer on the laws
Supreme Court had also said on 12 September that bulldozer action is like running a bulldozer on the laws of the country. The case was in the bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhatti. Actually, a family was threatened with bulldozer action by the municipality in Gujarat. The petitioner is the co-owner of a land in Kathlal of Kheda district.
Also read:
Bulldozer action took place in 3 states
1. Madhya Pradesh
Action taken against the accused of stone pelting on police in Chhatarpur, Madhya Pradesh in August. Within 24 hours of stone pelting on Kotwali police station on August 21 in Chhatarpur, Madhya Pradesh, the government demolished a three-storey mansion worth Rs 20 crore built in 20 thousand square feet.
2. Rajasthan
In August, after the stabbing incident in Udaipur, Rajasthan, a bulldozer was run at the house of the accused. A child studying in class 10 in a government school in Udaipur stabbed another person and injured him. After this, there were arson and violent protests all over the city. On August 17, bulldozer action was taken at the house of the accused student. Earlier, on the instructions of the government, the forest department had given a notice to the accused’s father Salim Sheikh to vacate the house built in an illegal colony.
3. In Uttar Pradesh
6 properties of 2 accused were demolished in June in Moradabad and Ballia. In Moradabad, a bulldozer was used on the house of the person who tried to kidnap a married woman. The accused shot the woman’s parents and brother who were protesting against the kidnapping. In Bareilly, the hotel of hotel owner Zeeshan, who beat a young man Sunny to death in a bread dispute, was razed to the ground. Sunny’s birthday was on June 26. He was murdered on the same day.
