Supreme Court stated that any demolition without proper authorization would be considered arbitrary

The Supreme Court of India has ruled, the executive cannot act as the judiciary in determining the guilt of individuals by demolishing their properties. In a significant judgment on pleas challenging the “bulldozer action” by authorities against accused individuals, the court stated that any demolition without proper authorization would be considered “arbitrary.”

Emphasizing the “rule of law” as the foundation of democratic governance, the court underscored that the guilt of an accused cannot be presumed, and arbitrary demolitions violate the principle of separation of powers.

    

A two-judge bench has also issued pan-India guidelines to



prevent unauthorized demolition of properties.The Supreme Court has stated that no demolition should occur without a prior show-cause notice. This notice must be returnable either within the timeframe specified by local municipal laws or within 15 days from the date of service, whichever is later.

      

The designated authority is required to provide an opportunity for a personal hearing to the affected party, with minutes of the hearing duly recorded. The guidelines also mandate that all demolition proceedings be video recorded, preserved, reported to the district collector, and displayed on a digital portal.