Supreme Court
New Delhi: Supreme Court’s decision on bulldozer action has arrived. A bench of 2 judges has given this decision. The Supreme Court has banned the arbitrary action of the government and said that arbitrary demolition of houses is a violation of the law.
The Supreme Court said that there should be rule of law in the states. Cannot take anyone’s property arbitrarily. Even if someone is guilty, the house can be demolished legally. Being accused and guilty is not a ground for breaking the house.
Officers will be punished for taking arbitrary action
The Supreme Court said that officials will be held accountable for arbitrarily using bulldozers on property. If any officer takes arbitrary and illegal action then he will be punished. It is the job of the court to punish for crime. The accused and the convicted also have certain rights. Demolishing a house just because there is an accused is a violation of the law.
SC said to give compensation
The Supreme Court has said that if a person’s house is arbitrarily demolished, he should get compensation. Running bulldozers without legal process is unconstitutional. The entire family cannot be punished for the mistake of one person. If there is only one accused then why should the house be taken away from the entire family?
Notice, 15 days time and also to hear the side of the accused
The Supreme Court said that the side of the accused should be heard before bulldozer action. Notice should be issued as per rules. Notice should be sent through registered post and pasted on the house. Get 15 days time before taking action. Information about the notice should also be given to the District Magistrate. The accused should get a chance to remove the illegal construction.
When will the instructions not be applicable?
The Supreme Court said that the instructions will not be applicable if public land is encroached upon. There will be videography of the demolition action. People should get a chance to remove illegal construction themselves. The Supreme Court said that the demolition order should be posted on the digital portal. There should be time to appeal against this order. Bulldozers should not be operated without show cause notice.
Supreme Court issued instructions under Article 142
If a demolition order is passed, time should be given to appeal against this order. It is not a pleasant sight to see women and children on the streets after overnight demolition without appeal. No demolition without show cause notice. A notice will be sent to the owner by registered post and posted outside the structure. The period from the date of notice will be 15 days from the date of service of the notice. After serving, the information will be sent by the Collector and District Magistrate. Collector and DM will appoint nodal officers in charge of demolition etc. of municipal buildings. The notice shall contain the nature of the contravention, the date of the personal hearing and before whom the hearing is fixed, and shall be made available on a specified digital portal where details of the notice and the order passed therein shall be available. The authority will hold a personal hearing and all the minutes will be recorded and thereafter the final order will be passed/ It should contain the answer as to whether the illegal construction is compoundable, and if only a part is found not compoundable and it is to be ascertained What is the purpose of the demolition? The order will be displayed on the digital portal. The owner will be given an opportunity to demolish or remove the unauthorized structure within 15 days of the order and only if the appellate body has not stayed the order, the demolitions will be step wise. The demolition proceedings will be videographed. The video must be protected. The said demolition report should be sent to the Municipal Commissioner. All instructions must be followed and non-compliance of these instructions will result in contempt and prosecution action and the authorities will be held liable to return the demolished property at their own cost along with compensation. Instructions should be given to all Chief Secretaries regarding this matter.
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