SC issues Pan-India guidelines for taking bulldozer action

A Division Bench of Justice B.R. Gavai and Justice KV Viswanathan have passed guidelines which are applicable pan-India for bulldozer action taken by state against people accused/convicted in crimes.  The judges observed that reasonable time must be given after the passing of demolition order for the party to challenge the same in the appropriate forum and time is also to be given for vacating the premises and getting their things in order.  These guidelines have been made under the power vested by Article 142 of the constitution which is the plenary power of the court. The said guidelines have divided the demolition processes into five stages. The same is as follows –

1)    Notice of Demolition – Demolition cannot be carried without appropriate service of a show cause notice. The service must be done with a registered post and fixed clearly on the outer portion of the property. The same has to be communicated to the office of collector or district magistrate. There also has to be digital portal which will give details of service such as acknowledgement date, delivery date, etc.

2)    Hearing – Reasonable time is to be given to challenge the said notice in an appropriate forum. The minutes of the hearing has to be recorded.

3)    Decision – Decision will contain contentions of the parties, decision of the forum. The forum will also explore that complete demolition has to be done or partial can be done. If there is such a case, then partial demolition shall be ordered.

4)    Appeal – An opportunity has to be given to the party to challenge the first order. It also provides that after the final order is passed, 15 days have to be given to remove the unauthorised construction or to retreat from the property. Before demolition a inspection report has to be given which is to be signed by 2 witnesses.

5)    Act of demolition – The demolition has to be video graphed completely and a list of all civil personnel and police officials present has to be made.

The court further clarified that these directions will not be applicable to unauthorised construction in any public place such as road, street, footpath, etc. or if the order is given by a court of law. The court finally observed “That it is not a happy sight to see women, children and aged persons dragged to the streets overnight. Heavens will not fall on the authorities if they hold their hands for some period,”