SC says no demolitions just for being accused; pan-India guidelines coming

The Supreme Court, taking a strong stand against 'bulldozer action', raised concerns about the use of house demolitions as a form of punishment

The Supreme Court on Monday (September 2) indicated its intention to establish pan-India guidelines to address concerns that authorities in various states are using house demolitions (bulldozer action) as a punitive measure against individuals accused of crimes, according to a report by LiveLaw.

A bench consisting of Justices B R Gavai and K V Viswanathan, while hearing a series of petitions challenging the "bulldozer actions" in different states, requested that parties involved submit draft suggestions to assist the Court in formulating these guidelines. Senior Advocate Nachiketa Joshi was tasked with collating these proposals for presentation to the Court.

The bench noted that they would attempt to resolve the issue on a nationwide basis and scheduled the matter for further consideration in two weeks.

"Let us try to resolve the issue on a pan-India basis," the bench said.

Concerns about demolition of homes as punishment

During the proceedings, the bench reportedly raised concerns about the use of house demolitions as a form of punishment. Justice Gavai questioned how a house could be demolished simply because its owner was accused of a crime, adding that even a conviction should not automatically lead to demolition. He clarified that while the Court would not protect unauthorised constructions, there was a need for proper guidelines.

Justice Viswanathan suggested that guidelines should be established and implemented across all states to streamline the process. Justice Gavai emphasised that even if a structure is unauthorised, any demolition should be conducted in accordance with the law. Justice Viswanathan pointed out that demolishing a house due to the actions of a recalcitrant family member was not the appropriate approach.

"A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it," he said.

Petitions against ‘unfair’ demolitions

The Supreme Court is currently considering several petitions, initially filed in 2022, related to a demolition drive planned for April 2022 in Jahangirpuri, Delhi. Although the drive was eventually stayed, petitioners sought a declaration that authorities should not resort to bulldozer actions as a punitive measure.

Among these petitions was one filed by former Rajya Sabha MP and CPI(M) leader Brinda Karat, who challenged the demolitions carried out by the North Delhi Municipal Corporation in Jahangirpuri following communal violence during the Shobha Yatra processions in April.

During a hearing in September 2023, Senior Advocate Dushyant Dave, representing some of the petitioners, reportedly expressed concern over the increasing trend of state governments demolishing homes of individuals accused of crimes. He argued that the right to a home is an integral part of the right to life under Article 21 of the Constitution and urged the Court to order the reconstruction of the demolished houses, LiveLaw noted.