Supreme Court issues pan-India guidelines against bulldozer action: ‘No demolition without 15-day notice’

SC lays down pan-India guidelines for demolition of properties

In a landmark ruling, the Supreme Court of India has issued comprehensive guidelines on property demolitions, emphasizing that no structure can be demolished without a minimum of 15 days’ notice. The court’s decision follows petitions alleging that demolitions carried out by state authorities were often done without sufficient notice, violating the principles of due process.

The bench, headed by Justice B R Gavai and including Justice K V Viswanathan, clarified that demolishing properties without proper legal procedure could be seen as punitive action against an accused before a trial, which is unjust under the law. The Court also stressed that state authorities cannot declare a person guilty based solely on accusations and must adhere to the constitutional rights of the accused, including the right to fair process.

Key directives for demolitions

The Supreme Court’s judgment lays down the following pan-India directives for demolitions:

• 15-day prior notice: Authorities must serve at least a 15-day notice to the property owner before any demolition. The notice must be delivered via registered post and affixed to a conspicuous portion of the structure.
• Exceptions: The notice requirement does not apply in cases of unauthorized construction on public land or in situations where a court has already ordered demolition.
• Due process: The Court emphasized that demolitions should follow proper legal procedures and should not be carried out for “extraneous reasons.” It specifically expressed concern over the use of bulldozer actions as a form of political or social grandstanding.
• Protection for appeal: The Court directed that once a demolition order is passed, there should be a 10-15 day period during which the property owner can seek legal recourse. Any appeals filed must be decided within a month.
• Secular and public safety concerns: While the Court clarified its commitment to upholding due process, it also underscored those encroachments on public land, including roads, footpaths, and railway lines, must be demolished, regardless of the nature or religious affiliation of the structure. “Public interest and safety are paramount,” the Court stated, adding that no religious structure, whether a temple, mosque, or gurudwara, can obstruct public spaces.

Justice Gavai, speaking for the bench, emphasized that demolitions carried out by state authorities without prior notice could appear as punitive measures, targeting individuals before they have been convicted in a court of law. The Court stressed that such actions would be unconstitutional, as they undermine the principles of natural justice and due process.

The ruling also responded to concerns raised by Solicitor General Tushar Mehta, who suggested that notice be served via registered post, with alternative methods, such as affixing notices on the property, if the recipient refuses to accept delivery. The Court acknowledged these suggestions and incorporated them into its final directives.

The Court was particularly attentive to allegations that certain communities were being unfairly targeted in the demolition drives. In response, the bench reiterated that its directives would apply equally across the country, regardless of the religious or political identity of the individuals involved.

The Court’s ruling follows an interim order issued on September 17, 2024, which had temporarily paused demolitions across the country, except with the Court’s prior permission. The interim order was aimed at preventing arbitrary actions by state authorities, with the Court emphasizing that demolitions must follow proper legal procedures and should not be used as a form of collective punishment.

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