Supreme Court Halts 'Bulldozer Actions', Mandates Prior Approval for Demolitions

The Supreme Court of India, while hearing a series of petitions against what has been termed "bulldozer actions," has issued an interim order halting demolitions across the country unless authorized by the Court itself. This order, however, will not apply to encroachments on public roads, footpaths, railway tracks, or waterbodies. A bench comprising Justices B.R. Gavai and K.V. Viswanathan passed this directive in response to a petition challenging action by several state governments, where buildings belonging to people accused of crimes were demolished as a form of punishment. The next hearing is scheduled for October 1. Solicitor General Tushar Mehta expressed his concerns, arguing that restricting statutory authorities in this way was impractical. However, the bench, while refusing to back down, noted that "heavens won't fall" if demolitions are paused for two weeks. Justice Gavai emphasized that it was essential to "stay your hands," questioning the urgency of the demolitions. The Court invoked its special powers under Article 142 of the Constitution, with Justice Viswanathan pointing out that even a single instance of illegal demolition goes against the principles of the Constitution. Justice Gavai made it clear that while they wouldn't interfere with the removal of unauthorized structures, the executive could not act as both judge and enforcer in these matters. Senior Advocate Chander Uday Singh, representing the petitioners, argued that demolitions were continuing despite the Court's previous concerns. In some instances, homes were torn down immediately after accusations were made, as seen in a case where an individual’s house was demolished on the same night he was accused of stone-pelting. Solicitor General Mehta defended the demolitions, noting that notices had been served back in 2022, and the demolitions were a result of non-compliance with municipal laws. However, the bench questioned why these actions were taken suddenly in 2024, indicating a potential misuse of power. The Court also addressed concerns about the broader narrative that certain communities were being targeted by these demolitions. Justice Viswanathan firmly stated that "outside noises" were not influencing the Court's decisions, and it was focused on upholding constitutional values. The bench further criticized the statements made by some ministers after the Court’s previous order, which justified the continuation of bulldozer actions. The Court is now preparing to issue nationwide guidelines to prevent the misuse of demolition powers, emphasizing that houses cannot be torn down merely because someone is accused of a crime. Case: Jamiat Ulama I Hind v. North Delhi Municipal Corporation Writ Petition (Civil) No. 295 of 2022 (and connected matters) www.legalmeet.in