Bulldozer Justice: Supreme Court Orders, No Demolition Without Seeking Court’s Permission

On September 17, 2024 (today), the Supreme Court (SC) was hearing a batch of pleas against ‘bulldozer actions’ in various states where state governments demolished buildings of persons accused of crime as a punitive measure. The bench of Justice BR Gavai and Justice KV Viswanathan passed an interim order stating that no demolitions should take place without seeking the top court’s permission. The SC also clarified that the same would not apply to encroachments on public roads, railway lines, footpaths, or other public spaces. The order reads, “Till next date there shall be no demolitions without seeking leave of this court. However such order would not be applicable for unauthorized constructions on public streets, footpaths, abutting railway lines, or public spaces.” Further, the bench posted the matter for hearing on October 01, 2024. Earlier this year, the SC criticized the trend of bulldozer justice and said that it would issue guidelines to tackle such issues. 

During the proceedings today, Solicitor General (SG) Tushar Mehta argued that the top court is being swayed by a false narrative that such demolitions are illegal. He said “Give us instances, we will give answers on how it was not illegal demolitions. We have to demolish all outside narratives ... Only because one community is building narrative through them. Let them bring one instance of illegality. Affected parties don't come because they know it was illegal and they got notices, and they come in PIL.” The same was opposed by Senior Advocates CU Singh and MR Shamshad who appeared for petitioners. Justice Viswanathan proposed, “We will say, till the next date of hearing no demolitions without leave of this court. We are not on one community ... We are only on streamlining directions, so no one can misuse the law and indulge in any Constitutional infirmity.” Therefore, the SC bench ordered to stop demolishing the properties of suspected criminals without seeking court’s permission.