'Officials Will Pay For Demolitions From Their Salary': 5 Key SC Observations On 'Chilling' Side Of 'Bulldozer Justice'

11/13/2024 2:00:41 AM

(MENAFN- Live Mint) The Supreme Court of India has made significant observations while delivering a verdict aimed at curbing the practice of 'bulldozer justice.' A bench comprising Justices B R Gavai and K V Viswanathan emphasised that demolishing properties based on mere accusations is 'unconstitutional'.

While pronouncing the verdict the apex court bench observed,“It is not a happy sight to see women, children and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period”.

“Construction of a house is an aspect of socio-economic aspirations and is just not a property but symbolizes years of struggle and it gives a sense of dignity and if this right is taken away, then the authority has to satisfy that such a measure was the only last resort available.” Bar and Bench quoted the SC bench saying.

Here are the five critical observations made by the apex court:

1. Executive Power Must Be Restrained

The Supreme Court firmly stated that the executive must not overstep its bounds by acting as a judge and executing punitive measures such as demolitions. "The executive cannot pronounce a person guilty. Only on the basis of accusation, if the executive demolishes the property of the person, it will strike at the rule of law. The executive cannot become a judge and demolish the properties of the persons accused," Justice Gavai asserted.

He warned against arbitrary actions that erode the constitutional separation of powers and lead to a state of lawlessness.

2. Due Process Before Demolition

The Supreme Court outlined clear directives ensuring that no demolitions occur without due process.

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