The Supreme Court has ruled that "bulldozer justice" is not acceptable under the rule of law and that citizens' voices cannot be silenced by the threat of property destruction.
A bench led by Chief Justice D Y Chandrachud noted that no civilised system of jurisprudence had ever used bulldozers for justice. The judgement stated that the state must follow the law before removing illegal encroachments or constructions that were built illegally.
"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, which also comprised Justices J B Pardiwala and Manoj Misra.
According to Article 300A of the Constitution, property can only be taken away from someone by legal authority.
In 2019, the Supreme Court delivered a decision in a case involving the demolition of a residence in Uttar Pradesh's Maharajganj district.
The judgement said that the state's entire procedure was "high handed" and ordered the Uttar Pradesh government to provide the petitioner, whose home was demolished for a road project, with Rs 25 lakh in compensation, as an interim measure.
"Justice through bulldozers is unknown to any civilised 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," the verdict delivered on November 6 said.
"Citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead,” said the judgement penned by the CJI.
The ruling from November 6, which was later posted on the Supreme Court's website, stated that encroachments and the illegal occupation of public property are definitely not permitted by the law. According to the bench, town planning and municipal rules have sufficient procedures for dealing with illegal encroachments.
"Where such legislation exists the safeguards which are provided in it must be observed. We propose to lay down certain minimum thresholds of procedural safeguards which must be fulfilled before taking action against properties of citizens," it said.
It said the officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action.
While hearing the matter on November 6, the top court had pulled up the Uttar Pradesh government for the "illegal" demolition.
"You can't come with bulldozers and demolish the constructions overnight. You don't give the family time to vacate. What about the household articles inside the house?" the bench had orally told the counsel representing the state government.
(With agency inputs)
