Supreme Court made rules on bulldozer action, damages will be recovered from officers who do not comply

 

Everyone lives in this dream.

 

This is the desire of the human heart,

 

May the dream of a house never go away"

 

The Supreme Court started its historic decision on bulldozer action with this poem by poet Pradeep. The bench of Justices BR Gavai and KV Vishwanathan said that having a roof over the head is a part of the fundamental right to life given to every citizen under the Constitution. The government or administration does not have the right to demolish someone’s house without following proper legal procedure. Along with this, the Supreme Court has issued detailed guidelines regarding bulldozer action. The court also said that the officers who do not follow these instructions will have to pay personal compensation for the loss of property.

 

In 2022, the Municipal Corporation had started bulldozer action after stone pelting on the Ram Navami procession in Jahangirpuri, Delhi. Jamiat Ulema-e-Hind had reached the court against this. Later, Jamiat challenged the bulldozer action going on in many states including UP. Jamiat said that these bulldozers are being operated without proper legal process. In this, the intention is to teach a lesson to more people than to remove illegal construction. Later many more petitions were filed in the Supreme Court on which the decision has now been taken.

 

The Supreme Court has said that being accused of a crime cannot be a basis for demolishing a person’s house. It is the job of the court to punish for crime. The administration cannot decide anyone’s punishment by acting as a judge. Many people live in one house. It cannot be right to punish everyone for the mistake of one of them.

 

The court has said that before bulldozing action, following the proper legal procedure, send a notice to the landlord and give him a chance to reply. The court has said:-

 

* Municipal rules should be followed in bulldozer action

* Notice should be given to landlord as per rules

* This notice should be sent by registered post, should also be pasted on the house

* Should the notice explain how the construction is illegal? What documents will the building owner have to present to prove it valid

* Give at least 15 days’ time to the person to whom the notice has been sent. No action should be taken before that. If someone himself wants to remove illegal construction, he should be allowed to do so

* Pass the order after listening to the reply of the building owner

* It should be seen whether the construction can be regularized by collecting fine or whether it is necessary to demolish only some parts

* Demolish houses only when there are no other options

* Also send information about the notice sent to the owner of the building to the DM of the district

* All DMs appoint a nodal officer to look into demolition related cases within 1 month

* Create a portal and enter information about all the notices in it within 3 months

* While demolishing the construction, the entire process should be videographed

* The names of the municipal and police officers present during the proceedings should be recorded

* The officers who arbitrarily demolish houses by not following these instructions will have to personally compensate for the same. The cost of rebuilding the house will be recovered from them.

 

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