New Delhi. An important decision of the Supreme Court has come on bulldozer action in many states. The Supreme Court said that a house cannot be demolished merely because someone is accused or guilty. The Supreme Court said that the law should be followed. Making harsh remarks on the officers, the Supreme Court said that they cannot work arbitrarily. The Supreme Court said that the power given by the government should not be misused due to prejudice. The court said that we have given this decision after considering the opinion of experts. In this case, the Supreme Court, while hearing on September 17, had banned the bulldozer action. The court had then said that it will not give protection to illegal construction on roads and footpaths. The bench of Justice BR Gavai and Justice KV Vishwanath had also said that no such order will be issued which will help those who encroach in a systematic manner. The Supreme Court has also given many guidelines on bulldozer action. Which you can see in this post given below.
J Gavai: Violation of any direction would lead to initiation of contempt proceedings. Officers should be informed that if demolition is found to be in violation, they will be held responsible for restitution of demolished property.#SupremeCourt #BulldozerActions
— Live Law (@LiveLawIndia) November 13, 2024
The Supreme Court bench had said that it is wrong to demolish someone’s house directly. The Supreme Court had also said that if people get 10 to 15 days time, they can improve the construction. Where improvement cannot take place, demolition must take place. On demolishing the houses of those accused of crime, the Supreme Court had said that merely being accused does not become a basis for demolishing their houses. Justice BR Gavai had said that action should be taken against illegal construction whether it is by Hindu, Muslim or anyone else. At the same time, Justice KV Vishwanathan had said that if there are two illegal structures somewhere and one is demolished, then questions will be raised. The Supreme Court bench had also said during the hearing that if a family has been living somewhere for many years, then it cannot suddenly make alternative arrangements for living.
Many people including Jamiat Ulema-e-Hind had filed petitions in the Supreme Court against the bulldozer action in many states including UP and Uttarakhand. He said that houses are being demolished with bulldozers defying the rules. Those who filed the petition against the bulldozer action also said that in order to teach a lesson to the accused of a crime, his house is demolished without any notice or opportunity to reply. At the same time, Solicitor General Tushar Mehta had argued before the bench on behalf of the governments of UP, Madhya Pradesh and Rajasthan. The Solicitor General had said on the bulldozer action that he is in favor of following the rules of the municipal bodies. Tushar Mehta had also said in the court that a notice should be sent before the bulldozer action and 10 days time should also be given to remove the illegal construction. The Solicitor General had told the court that those filing the petition against the bulldozer action were trying to show that the state governments were targeting a particular community. In one case of bulldozer action without notice, the Supreme Court bench had also ordered a compensation of Rs 25 lakh to the person who filed the petition.