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Supreme Court Criticises Bulldozer Action, Says No Demolition Without Prior Notice

Supreme Court stated that this notice should include the nature of the unauthorized construction, details of the specific violation, and the grounds for demolition.

Supreme Court Criticises Bulldozer Action: The Supreme Court on Thursday laid down strict guidelines to curb “bulldozer justice.” The Apex court stated that the executive cannot declare a person guilty, nor can it become a judge and decide to demolish the property of an accused person.

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The bench comprised of Justices BR Gavai and KV Vishwanathan. The Supreme Court directed that no demolition should be carried out without a prior 15-day notice to the property owner. The Court stated that notice should be served by registered post and fixed on the outer portion of the structure.

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What Did Supreme Court Say?

SC stated that this notice should include the nature of the unauthorized construction, details of the specific violation, and the grounds for demolition. The demolition must be videographed, and any violation of these guidelines will invite contempt, added the Supreme Court.

In its verdict on “bulldozer actions”, the Apex court underlined that it considered the rights guaranteed under the Constitution, which protect individuals from arbitrary state action.

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Court added, the rule of law provides a framework ensuring individuals that their property will not be taken away arbitrarily.

Supreme Court Criticises Bulldozer Action: State Can’t Take Arbitrary Measures

The Supreme Court said that the state and its officials cannot take arbitrary and excessive measures. The court stated that the executive cannot declare a person guilty or decide to demolish the property of an accused.

The Court stated that if the executive demolishes a person’s house arbitrarily, it violates the principle of separation of powers.

Public officials who take the law into their own hands and act in high-handed manner must be held accountable.

Supreme Court was hearing various pleas related to demolition drives conducted by certain states.

Also Read: Maharashtra Assembly Election 2024: Key Candidates, Constituencies And All You Need To Know

First published on: Nov 13, 2024 01:21 PM IST


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