Ending Bulldozer Justice: Supreme Court’s Landmark Ruling

Context : 

• The Supreme Court has issued guidelines to counter arbitrary demolitions to protect citizens from unjust actions by state authorities.
• This ruling states that demolitions without due process violate the rule of law and criticizes the use of "bulldozer justice" in society.

What is Bulldozer Justice?

• Bulldozer justice refers to the instant punishment method used by some state governments to penalize alleged rioters and protestors by demolishing their homes, stalls, or other constructions.

Case Background

• In 2019, journalist Manoj Tibrewal Akash's ancestral property in Uttar Pradesh was demolished, allegedly for National Highway expansion.
• The Supreme Court found violations in the demolition, including lack of notice and exceeding the encroachment area.
• The National Human Rights Commission (NHRC) deemed the demolition unjustified, revealing that only 3.7 metres of land was encroached, but 5-8 metres were demolished.

Key Highlights of the Ruling

• The Supreme Court emphasized that arbitrary demolitions threaten the constitutional right to property.
• Six mandatory steps were outlined for demolitions:
  • Verification of land records.
  • Proper surveys.
  • Issuing of written notices.
  • Consideration of objections.
  • Allowing time for voluntary removal.
  • Legal acquisition of additional land if necessary.

Wider Impact of the Ruling

• Disciplinary and criminal action will be taken against officials who conduct demolitions without following legal procedures.
• The Uttar Pradesh Chief Secretary is to finalize disciplinary actions within four months.
• The court ordered ₹25 lakh compensation for the petitioner and a review of similar cases in the area.

Implications of the Ruling

• Addresses concerns over the use of bulldozers to target specific groups like minorities, protesters, and government critics.
• Mandates that all states and Union Territories implement these guidelines for uniform enforcement.

Conclusion

• The Supreme Court’s guidelines emphasize the rule of law and ensure that demolitions are not used for intimidation or selective punishment.
• This landmark decision upholds citizens' property rights under Article 300A and promotes a fair, transparent approach to dealing with encroachments.