Raising serious concern over bulldozers being used as a punitive tool, which SC said was against the ethos of the Constitution and needed to be subjected to “judicial oversight”, Justices B R Gavai and K V Viswanathan said there was apprehension of its misuse by the executive, which could not act as the judge.
However, the bench said that its order would not come in the way of authorities taking action in case of encroachment on roads and public land, and structures built on it could be demolished without notice even if they were religious in nature.
SC passed the interim order that would remain valid till the next date of hearing on Oct 1 after it was alleged that razing of houses and commercial property continued unabated in different states even after SC frowned on the practice and agreed to examine a plea for framing guidelines.
Senior advocate C U Singh and lawyer Fauzia Shakil brought to the court’s notice incidents in Rajasthan’s Bhilwara where several shops were recently razed. Senior advocate M R Shamshad, appearing for Jamiat Ulama-i-Hind, pitched in and said targeted demolitions were being carried out.
The contention was countered by SG Tushar Mehta who told the court that a narrative was being built that people from a particular community were being targeted by bulldozers, and urged the court not to give credence to it.
Mehta said notices were served in 2022 in the case of the demolitions in Rajasthan, adding that in MP, 50% of the 700-odd shops demolished belonged to Hindus.
The bench asked the SG why demolitions were “hurriedly” carried out in Rajasthan when nothing had been done in the last two years and assured him that it did not get affected or influenced by “outside noise”. SC said it was not concerned about any community but about law and its implementation, which should be applicable to all. “Our immediate priority is to streamline the procedure,” SC said.
May seek EC view on netas extolling bulldozer action: Supreme Court
The court also took strong exception to people holding public office, including ministers, extolling the practice of bulldozer justice and said it may seek response from Election Commission on the issue. “This glorification, grandstanding and justification of bulldozer has to stop,” the bench said.
The court thereafter passed the interim order and said, “Till next date, there shall be no demolitions without seeking leave of this court. However, such an order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces.”
On the previous hearing on Sept 2, the bench had strongly criticised the practice of ‘bulldozer justice’ by demolishing homes or commercial places just because it belonged to someone who was alleged to have committed an offence and emphasised the need for nationwide guidelines and had sought suggestions from parties.
Another SC bench on Sept 12 had said govt authorities indulging in ‘bulldozer justice’ amounted to running a bulldozer over the laws of the land and had added that alleged involvement in crime was no ground for demolition of a property.
“In a country where actions of the state are governed by the rule of law, transgression by a family member cannot invite action against other members of the family or their legally constructed residence. Alleged involvement in crime is no ground for demolition of a property. Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land,” a bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti had said.