NEW DELHI: The Supreme Court has firmly stated that citizens' properties cannot be threatened with demolition and that " bulldozer justice " is "unacceptable".
A bench led by Chief Justice D Y Chandrachud emphasised that no civilised legal system recognises justice through bulldozers, and proper legal procedures must be followed before addressing illegal constructions or encroachments.
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," the bench said.
The Constitution's Article 300A stipulates that property rights can only be curtailed through legal authority.
This ruling pertains to a 2019 house demolition case in Uttar Pradesh's Maharajganj district.
Finding the state's actions "high handed", the bench ordered the Uttar Pradesh government to provide Rs 25 lakh interim compensation to the petitioner whose house was demolished for road development.
The November 6 judgement highlighted that allowing such unlawful state actions could lead to selective demolition of citizens' properties for unrelated reasons.
"Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," the November 6 verdict said.
"Citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead,” said the judgement penned by the CJI.
The court outlined specific procedural requirements for property-related actions, emphasising that state officials authorising unlawful demolitions should face disciplinary and criminal proceedings.
Officials must ensure accountability and follow due process in handling public or private property matters.
During the November 6 hearing, the court also criticised the Uttar Pradesh government's actions, questioning the sudden demolitions without proper evacuation time.
A bench led by Chief Justice D Y Chandrachud emphasised that no civilised legal system recognises justice through bulldozers, and proper legal procedures must be followed before addressing illegal constructions or encroachments.
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," the bench said.
The Constitution's Article 300A stipulates that property rights can only be curtailed through legal authority.
This ruling pertains to a 2019 house demolition case in Uttar Pradesh's Maharajganj district.
Finding the state's actions "high handed", the bench ordered the Uttar Pradesh government to provide Rs 25 lakh interim compensation to the petitioner whose house was demolished for road development.
The November 6 judgement highlighted that allowing such unlawful state actions could lead to selective demolition of citizens' properties for unrelated reasons.
"Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," the November 6 verdict said.
"Citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead,” said the judgement penned by the CJI.
The court outlined specific procedural requirements for property-related actions, emphasising that state officials authorising unlawful demolitions should face disciplinary and criminal proceedings.
Officials must ensure accountability and follow due process in handling public or private property matters.
During the November 6 hearing, the court also criticised the Uttar Pradesh government's actions, questioning the sudden demolitions without proper evacuation time.
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