SC Issues Guidelines Against ‘Bulldozer Justice,’ Calls It Incompatible With Society Run By Law

On Wednesday, the Supreme Court of India issued the first-ever guidelines against arbitrary demolitions by state authorities, ruling that citizens' voices must not be "throttled by a threat of destroying their properties" and condemning "bulldozer justice" as incompatible with a society governed by the rule of law.

"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," stated a bench led by Chief Justice of India (CJI) DY Chandrachud.

Photo Credit: PTI

The detailed ruling, released on Saturday, the day before Justice Chandrachud's retirement, sets forth essential safeguards for all states and Union territories, mandating that demolitions must be preceded by proper surveys, written notices, and consideration of objections. Officials failing to adhere to these guidelines will face both disciplinary and criminal repercussions, ruled the bench, which also included justices JB Pardiwala and Manoj Misra.

"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."

The court outlined six compulsory steps that must be followed before any property can be demolished, even for development projects.

Firstly, authorities must verify existing land records and maps; secondly, they must conduct thorough surveys to confirm actual encroachments; thirdly, written notices should be issued to alleged encroachers; fourthly, objections should be reviewed, and decisions must be recorded in speaking orders; fifthly, reasonable time should be granted for voluntary removal; and finally, if additional land is required, it must be legally acquired.

These guidelines were established following a case concerning the September 2019 demolition of journalist Manoj Tibrewal Akash's ancestral home in UP's Maharajganj district. While authorities claimed the demolition was necessary to expand a National Highway, investigations exposed a series of violations which, according to the court, illustrated the misuse of state power.

The National Human Rights Commission (NHRC) found that although only 3.70 metres of the property was allegedly encroaching on government land, authorities demolished between 5-8 metres without issuing any written notice, relying solely on a public announcement via drum-beating.

Tibrewal had alleged that the demolition was in retaliation for his father's call for an SIT probe into alleged irregularities in a Rs 185 crore road construction project. While the court did not specifically address this allegation, it underscored the dangers of using demolitions as selective punishment.

"The ultimate security which a human being possesses is to the homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments. Where such legislation exists the safeguards which are provided in it must be observed," the court emphasised.

It ordered the state to pay interim compensation of Rs 25 lakh to the petitioner and directed the UP chief secretary to initiate disciplinary proceedings and lodge a criminal case against the responsible officials and contractors who demolished the house without issuing a notice or providing documentation to justify the road expansion.

"Public accountability for public officials must be the norm. Officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action and their infractions of law must invite criminal sanctions," stressed the court.

The chief secretary must also investigate other demolitions in the area undertaken without adequate notice and, as recommended by NHRC, ensure an FIR is filed and investigated by the CB-CID.

The directive must be implemented by the chief secretary within a month, with disciplinary proceedings concluded within four months from initiation.

This landmark judgment arrives at a critical time, as another bench led by Justice Bhushan R Gavai recently reserved decisions on multiple petitions contesting arbitrary demolitions in various states. Recent years have witnessed numerous instances, particularly in BJP-governed states, where authorities have faced accusations of deploying bulldozers against properties of protesters, minorities, and government critics without due process.

The court directed that copies of the guidelines be sent to the chief secretaries of all states and Union territories for immediate implementation. It clarified that, while the law does not condone illegal encroachments, removal of such encroachments must adhere to established legal procedures and safeguards.