The Supreme Court has given a big decision on bulldozer action. Supreme Court has made a strict comment on the bulldozer action started from Uttar Pradesh and said that “No government can act arbitrarily nor can snatch someone’s property arbitrarily. Demolishing the house of an accused or a convict is against the constitution. Officers will be responsible if someone’s house is demolished illegally.” In fact, many petitioners including Jamiat Ulema-e-Hind had filed a petition against the bulldozer action being taken in different states of the country. After the hearing, the Supreme Court had reserved the decision. Now the court has given its decision in this matter. The Supreme Court, which is strict on the bulldozer action, said that “the executive cannot declare a person guilty, nor can it become a judge and decide to demolish the property of an accused person.
The executive cannot replace the judiciary at all
Let us tell you that the bench headed by Justice BR Gavai made a strict comment and said that “judicial functions have been entrusted to the judiciary and the executive cannot replace the judiciary at all. If the executive arbitrarily demolishes a person’s house just because he is an accused, then it is a violation of the principles of separation of powers. The Hon’ble Supreme Court also said that it is not a pleasant sight to see women and children on the streets after demolition overnight without appeal.
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Demolition cannot be done without a show cause notice
The Supreme Court was so strict on the bulldozer action of the state governments that it set a proper guideline. In its guideline issued in the Supreme Court, it was said that demolition cannot be done without a show cause notice. The notice will be sent to the owner by registered post and the notice will be pasted outside the structure. The time period from the date of service of the notice is 15 days. After service, the information will be sent by the Collector and District Magistrate. Apart from this, the Collector and DM will appoint nodal officers in charge of demolition of municipal buildings etc. Not only this, the notice sent will contain the nature of violation, date of personal hearing and before whom the hearing is fixed, the specified digital portal will be made available, where the details of the notice and the order passed therein will be available.
The landlord will be given an opportunity to demolish or remove the unauthorised structure within 15 days
The authority will conduct a personal hearing and the minutes will be recorded and thereafter the final order will be passed. Not only this, the order will be displayed on the digital portal. The landlord will be given an opportunity to demolish or remove the unauthorised structure within 15 days of the order and only if the appellate body has not stayed the order, the demolition steps will take place. If an order of demolition is passed, time should be given to appeal against this order.
The proceedings will be videographed
Not only will the demolition proceedings be videographed but the video will also have to be preserved. The said demolition report will have to be sent to the Municipal Commissioner. Apart from this, all the Chief Secretaries will not only have to give instructions but will also have to follow all the instructions. Moreover, in case of non-compliance of the instructions, contempt as well as prosecution action will be taken. Apart from this, the officials will be held responsible for returning the demolished property at their own cost along with compensation.
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