The Supreme Court mandates a 15-day notice before any property demolition and emphasizes adherence to statutory guidelines.
Source: Hindustan Times
In a crucial ruling on bulldozer demolitions, the Supreme Court directed that no demolition can take place without a prior 15-day notice to the property owner and without strict compliance with legal guidelines.
The court specified that the notice should be sent via registered post and affixed to the outer part of the building, detailing the unauthorized construction, specific violations, and grounds for the demolition. Additionally, the entire demolition process must be videographed, and any failure to adhere to these guidelines will result in contempt of court.
The bench, consisting of Justices BR Gavai and KV Vishwanathan, emphasized the importance of upholding the rule of law, warning against arbitrary actions by the executive. “Legal processes cannot condone actions that undermine the rule of law,” they stated, highlighting the essential protection of citizens’ civil rights for constitutional democracy.
The supreme court also clarified that the executive cannot assume the role of the judiciary by ordering demolitions without due legal process. “Such actions violate the rule of law,” the justices noted.
Further, the court instructed authorities to demonstrate that demolition is the only viable solution, even in cases of encroachments.
The notices must also be uploaded to the municipal body’s designated portal and sent by registered post. To ensure compliance, the court made district magistrates responsible for overseeing the process.
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