SC Latest Verdict: Speed Breaker on Bulldozer Action; Mandatory 15 Days Notice

On November 13, 2024, the Supreme Court condemned the illegal demolition of private property, including the homes of accused persons. The Court ruled that victims of such demolitions must receive compensation. 

Earlier, in a self-initiated case, Justices B.R. Gavai and K.V. Viswanathan assured that even convicted criminals are protected from punitive demolitions of their lawful property by the state.

SC Judgement: “Apna ghar ho…”

The bench, which consisted of Justice K V Viswanathan and Justice Gavai, stated that the house symbolizes the stability and security of all people and families and is a basic goal for everyone.

The introduction of the judgment expressed, 'Apna ghar ho, apna aangan ho, is khawab mein har koi jeeta hai; Insaan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi naa choote' (Everyone dreams of having their own home and space. It's a heartfelt desire that never fades—the wish to keep alive the dream of a home).

Right to Shelter

The judgment questioned whether authorities should have the power to demolish family homes as punishment for alleged crimes. The court upheld that the right to shelter is a fundamental part of Article 21, which protects life and personal liberty.

Mandatory 15 Days Notice

Guidelines now require authorities to issue a prior show-cause notice before any demolition, giving affected people 15 days to respond. The court condemned “bulldozer justice,” saying the executive branch cannot act as judge by declaring guilt and tearing down properties.

Protecting Rule of Law

The bench stressed that tearing down homes based solely on criminal charges violates the rule of law. Justice Gavai ruled that demolishing property solely due to accusations or convictions is unconstitutional and that only the judiciary has the power to determine guilt.