The Supreme Court has called for uniform guidelines for the demolition of various structures.

The Indian Supreme Court (SC) has announced plans to issue nationwide guidelines to regulate property demolitions, a move prompted by concerns over the practice of “bulldozer justice.” The SC emphasized that demolishing property solely based on accusations or convictions violates principles of due process and natural justice, raising concerns about its legality and fairness. The SC argued that even a conviction does not justify demolition without adherence to legal norms.

The guidelines will affect demolition practices by establishing broad guidelines applicable nationwide to ensure that demolitions are conducted in accordance with legal procedures. These guidelines will cover aspects such as notice periods, opportunities for legal responses, and documentation requirements. They aim to prevent arbitrary demolitions that could be motivated by extrajudicial reasons and provide a uniform legal framework for property demolitions, ensuring adherence to due process.

Concerns regarding demolition drives include constitutional, Geneva Convention, and international obligations. The misuse of legal instruments for suppression and control undermines the rule of law, and the administrative practice of demolishing properties without due process reflects this antithesis. The emotional and financial toll of home demolitions is significant, and victims of bulldozer justice are often left without resettlement options or compensation, exacerbating their suffering and marginalization.

The SC’s proposed guidelines could serve as a crucial check against the trend of “bulldozer justice” by providing a uniform legal framework for property demolitions, ensuring adherence to due process. Other judicial pronouncements related to property demolitions include Maneka Gandhi vs. Union of India Case, 1978, Olga Tellis vs. Bombay Municipal Corporation Case, 1985, K.T. Plantation (P) Ltd. V. State of Karnataka Case, 2011, and Haryana Municipal Corporation Act, 1994.

To address these concerns, the SC suggests reinforcing the rule of law, strengthening judicial oversight, and reviewing existing laws and regulations related to property rights, urban planning, and land acquisition.