Demolitions require court approval: Supreme Court

New Delhi, Sep 17: The Supreme Court on Tuesday issued an interim order restricting authorities from demolishing properties using bulldozers that are commonly referred to as ‘bulldozer justice’ without first obtaining permission from the Court.

The order applies to cases where individuals are suspected of criminal activities, but it does not extend to actions required for removing unauthorized structures, Bar and Bench reported.

A Bench comprising Justices BR Gavai and KV Viswanathan emphasized that this directive would remain in force until at least October 1, the next scheduled hearing. “Until the next date, no demolitions shall take place without prior leave of this Court. However, this order will not apply to unauthorised constructions on public streets, footpaths, areas near railway lines, water bodies, or other public spaces,” the Bench clarified.

The Court was responding to two petitions seeking to prevent the Central and State governments from using demolitions as an extra-legal punitive measure against those accused in criminal cases.

The trend of bulldozing homes or shops, allegedly as a form of punishment, had drawn sharp criticism from the top court in previous hearings, with the Court expressing to issue guidelines to curb such practices.

The Court acknowledged the position taken by the State of Uttar Pradesh, which clarified that demolitions are only carried out in cases where a structure is deemed illegal.

The interim order was passed despite objections from Solicitor General Tushar Mehta, who argued that the Court was being misled by a narrative that such demolitions unfairly target specific communities, particularly Muslims. “Present a single instance where the demolition was illegal. Affected parties don’t approach the Court because they know the structures were illegal, and notices were served,” Mehta argued as reported by Bar and Bench.

Senior Advocates CU Singh and MR Shamshad, representing the petitioners, opposed the SG’s arguments, pointing out that demolitions were ongoing and the situation was serious. Although SG Mehta requested an adjournment, the petitioners’ counsel pressed for a swift hearing. The Court scheduled the next hearing for October 1.

Justice Viswanathan emphasised that the Court’s goal was to ensure no laws are misused. “We are not focusing on one community; our concern is to streamline the process to prevent any constitutional violations,” he said. Justice Gavai added that the government could submit a comprehensive affidavit detailing its stance, reiterating that the executive branch should not act as the “judge” in matters of bulldozer justice.

Despite Solicitor General Mehta’s objections, the Court moved forward with the interim order. Mehta expressed concern that this would prevent municipalities from carrying out necessary duties, saying, “Your lordships have stopped statutory authorities from performing their rightful duties!”

In a related case, another Bench of the Supreme Court recently made a similar point, emphasising that bulldozers cannot override the law. On September 12, the Court took strong exception to a municipality in Gujarat threatening to demolish a home co-owned by a man facing trespass allegations.