Delhi September 17, 2024 :- In a significant ruling today, the Supreme Court of India temporarily halted all demolition actions in the country, commonly referred to as “bulldozer actions,” without prior approval from the Court. The directive, passed by a bench comprising Justices BR Gavai and KV Viswanathan, clarified that demolitions in public areas like streets, footpaths, railway lines, and waterbodies would not be affected by this order.
This interim decision comes in response to a batch of petitions accusing several state governments of using demolitions as a punitive measure against individuals charged with crimes. The Court scheduled the next hearing for October 1, 2024.
Solicitor General Tushar Mehta opposed the Court’s directive, arguing that it would tie the hands of statutory authorities and hinder essential actions. The bench, however, dismissed these concerns, stating, “Heavens won’t fall if demolitions are halted for two weeks.” Justice Gavai emphasized that the order would not interfere with the demolition of unauthorized constructions on public property.
The Court invoked its powers under Article 142 of the Constitution to pass the directive. Justice Viswanathan reinforced that illegal demolitions, even in one instance, are against the ethos of the Constitution.
Earlier submissions by Senior Advocate Chander Uday Singh highlighted that demolitions continued despite the Court’s previous warnings. Referring to a recent incident where a house was demolished after its owner was accused of stone-pelting, Singh stressed the urgent need for judicial intervention.
While the Solicitor General argued that demolitions were legal and followed due process, with notices served in 2022, the Court questioned the timing and rationale behind the demolitions in 2024. Justice Viswanathan noted that public statements from officials and ministers justifying the use of bulldozers further complicated the issue.
The Court reiterated its intention to establish guidelines addressing concerns over the misuse of demolition actions, particularly in politically sensitive situations. Parties involved were instructed to submit their suggestions for these guidelines. The Jamiat Ulama I Hind, among others, had previously submitted its recommendations, which will be considered in future hearings.
