November 13, 2024: In a significant judgment on Wednesday, the Supreme Court of India ruled that no demolition of properties should be carried out by the authorities without a prior 15-day notice to the property owner and strict adherence to statutory guidelines. The Court emphasized the importance of following due legal processes to ensure the protection of citizens' rights and uphold the rule of law.

A bench of Justices BR Gavai and KV Vishwanathan asserted that all notices of demolition must be served by registered post to the property owner and prominently displayed on the outer portion of the structure in question. The notice must provide detailed information, including the nature of the alleged unauthorized construction, specific violations, and the grounds for the demolition. Additionally, all demolitions must be videographed to ensure transparency and accountability, with any violation of these directives attracting contempt of court charges.

The Court's ruling comes amidst growing concerns over the increasing use of bulldozer demolitions by various state and local authorities, particularly in cases involving encroachments or violations of building laws. Critics argue that such demolitions, often carried out without proper legal processes, have disproportionately affected marginalized communities, particularly minorities, who are said to be victimized by this extra-legal form of punishment.

The Supreme Court was responding to petitions challenging the practice, which has gained momentum in recent years. The petitioners raised alarm over the arbitrary nature of these demolitions, claiming they often take place without due notice or legal recourse, undermining the rights of affected individuals.

In its order, the Supreme Court reaffirmed that the executive cannot assume the role of the judiciary by ordering demolitions without following the established legal procedures. "The rule of law mandates against arbitrary actions," the bench noted, warning that any attempt to bypass legal processes could lead to lawlessness and undermine constitutional democracy. "Violations can promote lawlessness, and the protection of civil rights is essential for safeguarding our democracy."

The Court also made clear that authorities must demonstrate that demolition is the "only recourse" available in cases of illegal construction or encroachments, highlighting the need for proportionality in such actions.

To ensure accountability, the Court directed that all demolition notices be published on the official portals of municipal bodies. District Magistrates will be held responsible for ensuring compliance with the guidelines and monitoring the process to prevent abuses of power.

This ruling is seen as a major step in curbing the growing trend of demolitions being used as a tool for political and social repression, particularly targeting marginalized and vulnerable communities. It also reinforces the fundamental principle that legal actions, especially those with significant consequences, must always adhere to the established framework of rights, notice, and judicial review.