The Supreme Court of India has condemned “bulldozer justice,” stating it is unacceptable in a law-governed society. In a recent ruling, the court emphasized that demolitions must follow due process, including proper surveys and written notices, to prevent arbitrary actions against citizens’ properties. Chief Justice D.Y. Chandrachud highlighted the risks of using demolitions as punitive measures and mandated accountability for officials involved in unlawful actions. The court ordered the Uttar Pradesh government to pay ₹25 lakh in compensation for an illegal demolition case from 2019 and called for disciplinary proceedings against responsible officials.
Specific guidelines set by the Supreme Court against arbitrary demolitions.
The Supreme Court of India has established specific guidelines to prevent arbitrary demolitions, emphasizing due process. Key requirements include:
1. Verification of Land Records: Authorities must confirm existing land records and maps.
2. Proper Surveys: Conduct thorough surveys to identify actual encroachments.
3. Written Notices: Issue formal notices to alleged encroachers.
4. Consideration of Objections: Allow time for objections and provide reasoned orders.
5. Time for Voluntary Removal: Grant reasonable time for occupants to vacate.
6. Legal Acquisition of Additional Land: Acquire additional land legally if necessary.
Violations will result in disciplinary and criminal actions against officials.
Implementation of these guidelines, monitoring and enforcement methods.
The implementation of the Supreme Court’s guidelines on property demolitions will be monitored and enforced through several mechanisms:
1. Institutional Responsibility: Designate specific authorities responsible for overseeing compliance with the demolition guidelines.
2. Regular Audits: Conduct periodic audits to assess adherence to the mandated procedures, ensuring that demolitions follow due process.
3. Public Reporting: Require authorities to submit reports on demolition actions, including justifications and compliance with guidelines, to enhance transparency.
4. Legal Accountability: Implement disciplinary actions against officials who violate the guidelines, including potential criminal charges for unlawful demolitions.
5. Community Involvement: Encourage public participation and feedback mechanisms to report non-compliance or arbitrary actions.
6. Resource Allocation: Ensure adequate resources and training for enforcement agencies to effectively monitor and implement the guidelines.
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