On 17th September the Supreme Court issued a temporary directive prohibiting demolition action nationwide without its permission. The order was pronounced during a hearing on several appeals against bulldozer actions in India.
The court made it clear that encroachments on public roads, walkways, railroad tracks, and waterbodies will not be covered by the ruling which was issued by Justices BR Gavai and KV Viswanathan. The order came in response to petitions opposing the purported activities of several state governments demolishing the properties of people accused of crimes as a punitive measure.
Tushar Mehta, the Solicitor General of India, objected to the decision, arguing that statutory authorities’ hands cannot be restricted in this way. However, the bench declared that “heavens won’t fall” if the demolitions are halted for a week. According to the court, it has granted the directive by using its unique authority granted by Article 142 of the Constitution. Justice Viswanathan stated, “Even if there is one instance of illegal demolition, it is against the ethos of the Constitution.” Justice Gavai added, “We made clear we won’t come between unauthorised construction. But the executive can’t be a judge.”
Senior Advocate Chander Uday Singh stated during the hearing that although the Court expressed concerns regarding demolition measures during its previous hearing, the demolitions are still proceeding. He stated that his house was demolished the same night that one party was accused of stone-pelting. With reference to one of the cases, SG Mehta stated that the parties received notifications of destruction back in 2022, and during that time, they committed certain offences. He stressed that there was no connection between the accused’s involvement in the offences and the demolition.
The bench questioned, though, why the houses were abruptly destroyed in 2024. Justice Viswanathan stated, “Till next date, there should be stay on demolition without leave of court,” expressing the court’s purpose to lay guidelines to curb the misuse of power to demolish illegal projects. According to SG, a “narrative” that a certain community was the target was being developed. “The narrative has appealed to your lordships,” he stated. “Outside noise not influencing us. We won’t get into the question of which community at this point. Even if there is one instance of illegal demolition, it is against the ethos of the Constitution,” the court countered.
The bench further stated that certain statements made by Ministers had occurred following its previous order, in which the court had stated that it intended to establish guidelines. “After the order, there have been statements that the bulldozer will continue. After 2 September, there has been grand standing and justification. Should this happen in our country? Should the Election Commission be noticed? We will formulate directives,” the court asserted.
On 2nd September, the Supreme Court heard multiple petitions against the use of bulldozers and the government’s demolition of people’s homes who are suspected of crimes. Judges B R Gavai and K V Viswanathan challenged the legitimacy of demolishing a house solely because the owner was charged during the proceedings. “How can the house be demolished just because he is accused? Can’t be demolished even if he’s a convict. Even after telling SC Bar, we don’t find any change in attitude,” the apex court stated.
The court further declared its intention to establish pan-Indian guidelines in response to concerns that authorities in many states are using the demolition of the accused’s homes as a form of punitive action. “We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised are taken care of,” the court added. It also asked for draft recommendations from the parties so that it could formulate guidelines that would apply to all of India.
