View source for Demolition of property by the state: India

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[[Category:India |D ]]
[[Category:Law,Constitution,Judiciary |D ]]
[[Category:Crime |D ]] 
[[Category:Government |D ]]

=Rulings of the Superior Courts=
==SC criticises bulldozer justice/ 2024==
[https://www.hindustantimes.com/india-news/bulldozing-laws-of-country-supreme-court-again-slams-bulldozer-justice-101726186377196.html  Sep 13, 2024: ''Hindustan Times'']

The Supreme Court of India once again criticised the concept of “bulldozer justice" in the country, observing that such demolition threats are inconceivable in a country where the law is supreme.

A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti said the court cannot be oblivious to actions that may be seen as “running a bulldozer over the laws of the land”.


The court made strong observations while hearing a case related to the attempted demolition of an ancestral house in Gujarat’s Kheda district because of the alleged involvement of a family member in a criminal incident.

The petitioner, Javedali Mahebubmiya Saiyed, has claimed that the Kathlal Nagar Palika had issued a notice of demolition on September 6 — four days after a first information report (FIR) was lodged against his brother on charges of sexual harassment and assault.

In his petition, Saiyed contended that the demolition was intended to punish the family for criminal charges slapped on one member of the family.

During Thursday's hearing, the Supreme Court said that alleged involvement in a crime is not grounds for demolishing properties.

"In a country where actions of the State are governed by the rule of law, the 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 the 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," it added.

The bench then stayed the demolition and sought explanations from the concerned authorities within a month. "In the meantime, status quo in respect of the petitioner's property is to be maintained by all concerned," the apex court ordered.

Lately, in a growing trend, local governments and police have been demolishing properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.

''' Previous observations against bulldozer justice '''

On September 2, the Supreme Court had said it would issue guidelines to regulate demolitions across India.
A bench of justices Bhushan R Gavai and KV Viswanathan questioned how a house could be demolished simply because someone is accused of a crime. The bench had noted that even a conviction does not justify such an action without following proper legal procedures.

“How can a house be demolished just because he is accused? It cannot be demolished even if he is a convict... A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it,” commented the bench, expressing concern that despite previous orders of the Supreme Court on due process, there were complaints being raised.