Supreme Court To Pronounce Judgment Tomorrow On Pleas Challenging Bulldozer Actions By Authorities Against Houses Of Accused

The Supreme Court will pronounce its judgment tomorrow on pleas challenging bulldozer actions allegedly taken by authorities across the country against houses of accused persons as a punitive measure.

The pronouncement, by the bench of Justices BR Gavai and KV Viswanathan, will take place at 10:30 AM. The judgment is authored by Justice Gavai.

To recap, the orders in the matter were reserved on October 1, with the bench expressing in clear terms that bulldozer action cannot be taken even against the house of a convict, let alone a person merely accused of a criminal offense, as a punitive measure.

While the matter was being heard, the bench conveyed its intention to lay down pan-India guidelines, which would apply to everyone equally, to ensure that local laws providing for the demolition of unauthorized constructions are not misused. There was also a discussion about the need for judicial oversight over demolition actions by local authorities.

Besides saying that it would clarify the above position in its order, the bench underlined that it would ensure that unauthorized constructions and public encroachments are not protected.

On September 17, the Court had passed an interim order mandating its prior permission to demolish structures unless they are encroaching on public places.

Recently, the Supreme Court, in the last uploaded judgment of former CJI DY Chandrachud, observed that "bulldozer justice" cannot be accepted in a society governed by the rule of law.

Case Title: IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES Versus AND ORS. | Writ Petition (Civil) No. 295 of 2022 (and connected case)