Supreme Court Slams Bulldozer Demolitions, Calls It a 'Chilling Sight'

New Delhi: The Supreme Court on Wednesday, November 13, 2024, condemned the illegal demolition of private properties, including homes of accused individuals, calling it a "chilling sight." In its ruling, the court emphasized that the executive cannot act as a judge and declare someone guilty before a trial, and that demolishing property without due process undermines the principles of justice.

The court's remarks came during a suo motu case regarding state-sponsored demolitions, which had been halted by a Supreme Court order in September 2024. The bench of Justices B.R. Gavai and K.V. Viswanathan stated that bulldozing a private home is an arbitrary and high-handed action, violating the accused’s right to shelter under Article 21 of the Constitution. The court stressed that demolitions should not be carried out based solely on accusations, as they violate citizens' rights and due process.

The court further clarified that the ruling would not apply to illegal encroachments or unauthorized structures but warned against the executive overstepping its role by punishing individuals without a fair trial. It also issued new guidelines for demolitions, including a 15-day notice period for residents to find alternative housing, especially for vulnerable groups like women, children, and senior citizens.

The demolition process must now be documented with video evidence, and a report should be submitted to the Municipal Commissioner. Additionally, the authorities must give homeowners the opportunity for a personal hearing, and any demolition orders must explain why the homeowner’s objections were overruled.

The judgment reinforces the importance of maintaining rule of law and due process, ensuring that state action remains within legal bounds.