The Supreme Court of India has set historic guidelines to prevent arbitrary demolitions by state authorities, emphasizing that citizens cannot be intimidated by the threat of property destruction and that “bulldozer justice” contradicts the rule of law. Led by Chief Justice of India Dhananjaya Y Chandrachud, the bench ruled that such high-handed actions by the state endanger the legal protections afforded to citizens’ property rights under Article 300A of the Constitution.
In the judgment, mandatory safeguards were established, requiring states and Union territories to follow a six-step procedure before demolishing any property, even for development purposes. These include verifying land records, conducting proper surveys, issuing written notices, considering objections with formal responses, allowing time for voluntary removal, and ensuring any additional land needed is legally acquired. Violating these guidelines could result in disciplinary and criminal actions against responsible officials.
The case originated from a 2019 incident where journalist Manoj Tibrewal Akash’s ancestral house in UP’s Maharajganj district was demolished, allegedly to expand a National Highway. However, the National Human Rights Commission (NHRC) found discrepancies, as authorities demolished more property than necessary without issuing proper notice, relying only on a public announcement. The court ordered ₹25 lakh interim compensation for the petitioner and directed disciplinary and criminal proceedings against officials involved.
The ruling arrives as another Supreme Court bench is set to address challenges against arbitrary demolitions reported across various states, with critics accusing authorities, particularly in BJP-led states, of targeting properties belonging to minorities, protesters, and government critics without due process. The court has mandated that its guidelines be circulated to all chief secretaries for prompt implementation, underscoring that although unlawful encroachments are not supported, any removals must strictly follow legal procedures and protections.
