Demolition threat can't throttle voices

The Supreme Court on Wednesday laid down the first-ever guidelines against arbitrary demolitions by state authorities, ruling that citizens' voices cannot be "throttled by a threat of destroying their properties" and that such "bulldozer justice" has no place in a society governed by rule of law.

- Abraham Thomas

"Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high-handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," said a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud in a detailed order uploaded on Saturday, the eve of Justice Chandrachud's retirement.

Setting mandatory safeguards for all states and Union territories, the court ruled that any demolition must be preceded by proper surveys, written notices, and consideration of objections. Officials violating these guidelines will face both disciplinary action and criminal charges, the bench, also comprising Justices JB Pardiwala and Manoj Misra, ordered.

"Such high-handed and unilateral action by the State Government cannot be countenanced... If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter."