Officers Carrying Out Illegal Demolitions Liable To Restore Properties At Personal Cost & Pay Damages: Supreme Court

In the judgment containing directions against "bulldozer actions", the Supreme Court has warned that officials who carry out illegal demolitions in contravention of the judicial directions will be held liable to restore the properties at their personal cost in addition to pay damages.

The Court also warned that the officials who violate the directions will be hauled up for contempt of court.

The bench comprising Justices BR Gavai and KV Viswanathan observed in the judgment :

"It will also be informed that violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution.

The officials should also be informed that if the demolition is found to be in violation of the orders of this Court, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages."

The Court highlighted in the judgment that the executive cannot act as a judge and punish persons by demolishing their properties because of their alleged involvement in crimes. Such actions are an affront to the rule of law and the doctrine of separation of powers. Further, arbitrary demolitions in violation of due procedure infringe the fundamental right to shelter and amount to inflicting "collective punishment" on the family because of the alleged crime committed by one member.

Emphasising the importance of fixing accountability, the Court observed, "We are of the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions."

The Court issued a set of directions, mandating prior show-cause notice of at least 15 days, personal hearing and passing of final order with reasons. The final order must specify why the extreme action of demolition was the only possible option. Even after the final order is passed, it should not be executed for fifteen days to enable the party to challenge it before an appellate forum or to vacate the premises.

The actual act of demolition must be videographed and the list of officials who participated in the process must be maintained. The Court directed the local authorities to create a digital portal where the notices and orders pertaining to demolition are to be uploaded on realtime basis. This is to obviate the allegations of back-dating of notices.

"For the executive to act in a transparent manner so as to avoid the vice of arbitrariness, we are of the view that certain binding directives need to be formulated. This will ensure that public officials do not act in a high-handed, arbitrary, and discriminatory manner. Further, if they indulge in such acts, accountability must be fastened upon them," the Court observed.

Other reports about the judgment can be read here.