New Delhi: The Supreme Court’s ruling on bulldozing has arrived. The decision was taken by a bench of 2 judges. The Supreme Court banned arbitrary actions by the government and said arbitrary demolition of houses was illegal.
The Supreme Court said states should have rule of law. No one’s property can be taken away arbitrarily. A house can be legally demolished even if someone is guilty. Being accused and guilty is not a reason to tear down your home.
Officials will be punished if they take arbitrary actions
The Supreme Court said officials will be held accountable for the indiscriminate use of bulldozers on properties. If any official takes arbitrary and illegal actions, he will be punished. It is the duty of the courts to punish crimes. Defendants and convicted persons also have certain rights. It is illegal to demolish a house just because there is a defendant.
SC says it will compensate
The Supreme Court has said that if a person’s house is arbitrarily demolished, he should be compensated. Operating bulldozers without legal process is unconstitutional. The entire family cannot be punished for one person’s mistake. If there is only one defendant, then why should the house be taken away from the entire family?
Notice, 15 days, and listen to the defendant’s statement
The Supreme Court said the defense should be heard before taking bulldozing action. Notices should be given as required. The notice should be sent by certified mail and affixed to the property. Please allow 15 days before taking action. Information regarding the notification shall also be provided to the District Magistrate. The defendant should be given the opportunity to demolish the illegal structure.
When do instructions not apply?
The Supreme Court said the directive will not apply if public land is encroached upon. There will be footage of the demolition operation. People should be given the opportunity to demolish illegal structures themselves.
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