Supreme Court Rules Against Arbitrary Bulldozer Demolitions, Citing Due Proces-OxBig News Network

In a significant verdict on the “bulldozer actions” by state governments, the Supreme Court on Wednesday ruled that authorities cannot demolish a person’s home simply because they are accused of a crime. The court emphasized that the administration cannot act as judge, jury, and executioner, and officials responsible for illegal demolitions should face punishment. 

The Supreme Court highlighted the constitutional protections against arbitrary state actions, underscoring the importance of the rule of law, which ensures that individuals’ property rights are not violated without due process. “The state must follow natural justice and due process of law, giving the accused notice and a fair hearing,” the court ruled, adding, “We are a constitutional democracy where the rule of law must prevail, not the notion that might is right.”

Justice Gavai’s notes provided further clarity, stating, “No demolition should be carried out without prior show cause notice, returnable either per local municipal laws or within 15 days from the date of service, whichever is later.” He warned against demolitions targeting specific individuals while sparing others with similar properties, suggesting that such selective action indicates a motive to penalize without trial.

Justice Gavai expressed concern over scenes of women and children being dragged onto the streets during night demolitions, calling it a distressing sight. He emphasized that a home represents years of hard work, dreams, and hopes, and authorities must justify that demolition is the only option available.

Additionally, the Supreme Court clarified that these directions would not apply to unauthorized structures on public land or cases with a court-ordered demolition. The ruling reinforces citizens’ rights to property and shelter, aligning with Article 19 of the Constitution as a fundamental right.