Bulldozing operations are being discussed in the country. The case has been heard four times before the Supreme Court. Now it’s time to make a decision. In these four hearings, the Supreme Court has clarified many things and drawn a line in the sand with its comments on the bulldozer operation. The court defined illegal appropriation. When can demolition action be taken? Who needs to pay compensation? What is the difference between public property and private property? It’s all clear. But there are guidelines for the movements of bulldozers, and then it becomes clear what the basis is for using bulldozers?
A bench of Justice BR Gavai and Justice KV Vishwanathan said the ban on demolition of any property of the convicts or accused would remain in force till the verdict. The order does not apply where such demolition action is required to demolish unauthorized structures. This means bulldozing operations will continue where public property is encroached upon. Such actions will not be affected.
Time should be given for alternative arrangements
The Supreme Court also suggested that an online portal should be set up to obtain information of affected persons. Additionally, the action should be videotaped. The SC also directed to formulate guidelines regarding bulldozer operations. The Supreme Court made it clear that neither the defendant nor the criminal in the case will have his or her house or property destroyed. This means that being accused or guilty cannot be a basis for operating a bulldozer. Not only that, even if illegal construction is proven, sufficient time should be given to make alternative arrangements. This means that it is unconstitutional for bulldozers to immediately arrive and carry out demolition.
Notice should be sent by post before action is taken
Supreme Court judges suggested there should be 10 or 15 days between demolition orders and action to allow people to make alternative arrangements. If it is removed after 15 days, he will not lose anything. It is not pleasant to see women and children on the road. If notice must be given before demolishing an illegal building, it should be sent by registered post. Simply visiting the property and posting a notice is not enough. Notice should also be given only to the owner of the property.
Also read: Women, ‘Give enough time before demolishing illegal structures, not good to see women and children on roads, SC comments in bulldozer case
Illegal occupiers will not receive relief
In fact, government representations of notifications can be seen in many bulldozing operations. Owners claim they were not notified at all. But the court also made it clear that our order will not provide any facilities to illegal builders in any way. This means that the trespassers will not get any relief.
If the house of the perpetrator or defendant is demolished, compensation shall be provided.
The question was raised on behalf of the petitioners, what should a person (criminal or accused) do if his house is demolished? Will he chase the man driving the bulldozer? Judge Gawai said if the order was not complied with, the property would be renovated and the victim would receive compensation. The court said – Even if an FIR is registered, whether or not anyone is accused or guilty… that alone cannot be a basis for running a bulldozer. If the house of the perpetrator or defendant is demolished, compensation shall be provided. In the meantime, someone suggested to the court that the renovation amount and compensation be recovered from the vandals.
Be it a temple or a mosque…it must be moved from the middle of the road.
The Supreme Court said that India is a secular country. Whatever guidelines we put in place, it works for everyone. No matter which religion or community they belong to. If there is any religious structure in the middle of the road, be it a gurudwara, dargah or temple… it has to be demolished. It cannot impede public activities. Sufficient time should be given for demolishing illegal buildings. It’s not a good thing to see women and children on the road.
What is the process for demolishing illegal buildings?
The court said there should be an online portal. It should be digital. Officers will also be safe. Notices may only be sent by registered mail. Intruders will be given a week. From the time notifications are sent, other updates should be logged on the portal. The court stated that the advice is that once the demolition order is passed, it cannot be implemented immediately. You can give me some time.
Also read: No full stop on bulldozers… Understanding Supreme Court order, where to stop and where to run?
Just last month, the Supreme Court said that a person’s son can be a defendant but demolition of his father’s house on this basis is not the right approach. The petition complained that a bulldozing campaign was being carried out against Muslims in the BJP-ruled state.
The Supreme Court said that as per the rules notice should be sent first. Sufficient time should be given to find an alternative location. Then demolish illegal structures and ensure that women and children are no longer on the roads. That’s not good. The old people are already on their way. They may be making alternative arrangements.
Additional Solicitor General Tushar Mehta suggested that a 10-day notice should be given by registered post before taking action against any property. This will end disputes where notification was not received or sent. There will be evidence of the same if someone didn’t receive the notification. The judge asked whether the order issued by the authorities for illegal encroachment was correct? Judicial oversight may be needed to check this.
Where does the action stop?
There is no prohibition on encroachment against public places, roads, government lands, railway lines, water bodies. Any religious place in the middle of the road, whether it is a gurdwara, dargah or temple, should be demolished. They cannot be obstacles. The safety and well-being of the people are the top priority.
Illegal construction cases resolved within one month
The Supreme Court has said that if illegal construction cases are stayed, they should be resolved within a month. The court said time should be given before the bulldozing action to allow the family to make other arrangements. Even where the notification is not challenged in court. Secretary-General Mehta said this should be decided on a case-by-case basis. It should also be remembered that illegal buildings will not be protected. Judge Gaff said there would be no protection against infringement.
Also read: ‘Be it a temple or a dargah… no religious building can be an obstacle on the road’, SC’s strict remarks in bulldozer case.
Operation Bulldozer becomes popular tactic against criminals
The bulldozer culture was started by Uttar Pradesh Chief Minister Yogi Adityanath and gradually became a popular formula in many states to combat crime and criminals. Jamiat Ulema-e-Hind has filed a petition in the Supreme Court against the ongoing bulldozing operations across the country. The Supreme Court reserved the decision after a hearing. Earlier, Solicitor General Tushar Mehta of states including Uttar Pradesh, Rajasthan and Madhya Pradesh said those who filed the petition had given the impression that the bulldozing operation was carried out against specific communities. . This is not right. Many Hindu houses were demolished in Madhya Pradesh. Demolition actions are never taken because a person has been charged or convicted of any crime. The action was taken based on the proceedings for violation of local laws, town planning, municipal laws and Gram Panchayat laws, among others.
Mehta said that 70% of illegal construction cases are genuine. Only 2% of the cases were as alleged in the petition. Justice Vishwanathan said that according to statistics, 4.45 lakh cases of demolition took place in the past few years. Can’t call it small. The Supreme Court said in its last hearing that even one illegal demolition incident violated the basic spirit of the Constitution.
