Supreme Court Rulings on Bulldozing Property in India

• The Supreme Court of India has issued guidelines to prevent illegal and retributive demolitions of homes and private properties of accused persons by states.

• The court ruled that it is unconstitutional to demolish a person’s property without adhering to due process of law, simply on the grounds of their alleged involvement in a crime.

• The court issued guidelines to prevent demolitions across the country without express permission except for encroachments on public land or unauthorised structures.

• The court acknowledged that demolition drives impose a form of “collective punishment” on the families of alleged perpetrators, violating the constitutional guarantee of the right to shelter under Article 21.

• The court issued comprehensive guidelines aimed at fostering greater institutional accountability, but these directives would not apply to unauthorised constructions or demolitions mandated by a court.

• The court mandated that no demolition drive should proceed without a 15-day prior notice, which should be served on the house owner by registered post.

• The designated authority has been ordered to extend an opportunity of personal hearing to the owner, which should be recorded with the final order detailing the contentions of the parties.

• The authorities are also directed to ensure that the entire demolition process is thoroughly videographed and a detailed demolition report must be prepared, specifying the names of the police officials and personnel involved.

• The effectiveness of these measures will depend on how swiftly and effectively the district courts and High Courts implement these directions and ensure their compliance.