Can Bulldozer Demolitions Proceed Without Court Approval? Supreme Court's Interim Order Provides Clarity

In a significant development, the Supreme Court of India has issued an interim order preventing authorities from carrying out demolitions of properties using bulldozers—often referred to as "bulldozer justice"—without first obtaining explicit permission from the Court. The decision comes amid concerns that bulldozer demolitions have been used as punitive measures against individuals suspected of criminal activity, raising issues about constitutional fairness and the rule of law.

Clarification on Unauthorized Constructions

However, the Supreme Court made it clear that the order does not extend to cases involving the removal of unauthorized constructions. Specifically, demolition actions aimed at clearing illegal structures built on public streets, footpaths, railway lines, water bodies, or other public spaces are not covered by the interim ban. These demolitions, which are generally carried out in compliance with municipal regulations, can proceed without prior approval from the Court.

The bench, comprising Justices BR Gavai and KV Viswanathan, emphasized that this order is temporary and will be in effect until at least October 1, 2024, when the Court will reconvene to hear the case further.

“Until the next date of hearing, there shall be no demolitions without seeking leave of this court," the bench stated. The Justices highlighted the need for a streamlined process to prevent any misuse of laws or constitutional violations under the guise of bulldozer justice.

Petitioners Argue Against Bulldozer Justice

The case reached the Supreme Court through two petitions seeking directions to both the Central and State governments, urging them to halt the practice of demolishing homes or shops of accused individuals as part of criminal proceedings. The petitioners argued that such actions constituted an extra-legal punitive measure, infringing upon due process rights.

Senior Advocates CU Singh and MR Shamshad, representing the petitioners, expressed grave concern over the continued use of bulldozers as a tool for punishment. They argued that such measures, often justified as being in line with municipal regulations, disproportionately affect vulnerable communities, particularly the economically disadvantaged.

During the hearing, the Court also referred to earlier discussions on "bulldozer justice" and the alarming trend of demolishing properties without following due process.

The State's Defense and SG Mehta’s Opposition

Solicitor General (SG) Tushar Mehta, representing the government, strongly opposed the interim order, arguing that it was driven by a "false narrative" that demolitions were being used to target specific communities, notably the Muslim population. Mehta stated that such demolitions were carried out strictly in cases involving illegal constructions, after the appropriate notices were issued to the affected parties.

"Give us instances, and we will show how it was not illegal. We have to combat outside narratives ... Let them bring even one instance of an illegal demolition," Mehta contended, asserting that the affected parties were aware of the legal grounds for demolition and had opted not to contest them in court.

Despite these arguments, the Court chose to issue its interim order, halting all demolitions without prior judicial approval, pending further hearings.

Reactions and Looking Ahead

Justice Viswanathan underscored the importance of ensuring that no laws are misused under the guise of constitutional authority. He further noted that while unauthorized constructions can and should be demolished following established procedures, the glorification and public justification of bulldozer demolitions for extraneous reasons cannot be permitted under any circumstances.

As the hearing concluded, Justice Viswanathan remarked, "Heavens will not fall if illegal demolitions are stayed for a short period." He urged the Solicitor General to assist the Court in crafting guidelines that align with municipal law and constitutional principles, particularly concerning the use of bulldozers in demolitions.

Looking ahead, the Court is expected to revisit the issue on October 1, 2024. In the meantime, the order offers temporary relief to individuals and communities potentially facing bulldozer demolitions.

This ruling follows the Court's broader efforts to address the issue of bulldozer justice and develop legal frameworks that ensure a balance between enforcing municipal regulations and upholding constitutional rights.