The Supreme Court is set to deliver a verdict and issue guidelines on Wednesday on a pan-India property demolition drive initiated by authorities, also known as ‘bulldozer justice’.
The matter is being heard by a bench of justices BR Gavai and KV Vishwanathan. The SC bench had reserved the order after hearing the matter on October 1. The apex court will also set pan-India guidelines for executing demolition drives on any property.
The SC also issued an interim order prohibiting the demolition of any property without permission till further orders. The interim order did not apply to any unauthorised constructions, including religious structures on roads, footpaths, among others.
The Supreme Court took cognisance of the matter after several petitions were filed against the demolition drive by various state governments at properties owned by people accused in criminal cases. Most of the demolition drives were held in BJP-ruled states.
The petitions to SC, including one filed by Jamiat Ulama-i-Hind, mentioned that properties of people were being bulldozed in several states, including Uttar Pradesh, Madhya Pradesh, Delhi, and Gujarat, without following the legal process.
Taking note of the matter, the SC bench had observed on September 2 how a house could be demolished just because it is owned by an accused in a criminal case.
In another petition related to ‘bulldozer justice’, the Supreme Court came down heavily on the Yogi Adityanath-led Uttar Pradesh government and directed it to pay ₹25 lakh compensation to the petitioner, whose house was demolished in Maharajganj district in 2019, reported PTI on Saturday, November 9.
While hearing the case, then Supreme Court's Chief Justice of India DY Chandrachud said that “bulldozer justice is simply unacceptable” and stressed that the state must follow due process of law before taking action to remove encroachments.
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," said the bench, comprising former CJI DY Chandrachud, Justices J B Pardiwala and Manoj Misra.
Holding that the entire process followed by the state was "high handed", the bench directed the Uttar Pradesh government to pay ₹25 lakh compensation to the petitioner, whose house was razed for a road project, as an interim measure.
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