In a major ruling and a dig at states which had followed Bulldozer action off- late , the Supreme Court has issued pan-India guidelines on demolition of properties and said affected people need to be given some time to challenge demolition orders before an appropriate forum.
Invoking its extraordinary powers under Article 142 of the Constitution, the apex court passed a slew of directions which came with a caveat that these will not be applicable on unauthorised structures in public places.
A bench of Justices B R Gavai and K V Viswanathan said no demolition should be carried out without a prior show-cause notice returnable either in accordance with the time provided by local municipal laws or within 15 days from the date of service of such notice, whichever is later.
It clarified that its directions will not be applicable if there is an unauthorised structure in public places such as road, footpath, abutting railway line or any river or water body and also where there is an order for demolition made by a court of law.
“Rule of law is the foundation of democratic governance. The accused’s guilt can’t be prejudged. We have concluded that if the executive demolishes the house of a person arbitrarily merely because he is accused, it violates the principle of separation of powers,” said Justice BR Gavai.
He added, “Any such action of the authorities without following the proper process of law would be completely arbitrary.”
The court noted that a house was not just a property and it gave a sense of dignity. A bench of Justices BR Gavai and KV Viswanathan said it will be “totally unconstitutional” if houses of people are demolished merely because they are accused or even convicts.
The bench said notice shall be served upon the owner or occupier by a registered post and additionally, shall also be affixed conspicuously on the outer portion of the structure in question.
“The time of 15 days, stated herein above, shall start from the date of receipt of the said notice,” it said.
It said to prevent any allegation of backdating, as soon as the show-cause notice is duly served, intimation shall be sent to the office of the collector or district magistrate concerned digitally by e-mail. The bench said an auto-generated reply acknowledging receipt of mail should also be issued from the office of collector or DM.
It said the collector or DM shall designate a nodal officer and also assign an e-mail address and communicate the same to all municipal and other authorities in charge of building regulations and demolition within one month from today. The bench said the notice shall contain details regarding nature of unauthorised construction, specific violation and grounds of demolition.
It said notice shall also contain a list of documents that notice is required to furnish along with his reply and also specify the date on which personal hearing is fixed and the designated authority before whom it will take place.
“Every municipal/local authority shall assign a designated digital portal, within 3 months from today wherein details regarding service/pasting of the notice, the reply, the show cause notice and the order passed thereon would be available,” the bench said. It said designated authority shall give an opportunity of personal hearing to the person concerned and minutes of such a hearing shall also be recorded.
