New Delhi, 13 November 2024: The Supreme Court on Wednesday criticized the governments of Madhya Pradesh, Rajasthan, and Uttar Pradesh for using bulldozer demolitions, remarking that administrative officers cannot act as judges. The observations were made by a bench comprising Justice BR Gavai and Justice KV Viswanathan during a hearing on the legality of such actions.
Justice Gavai emphasized that owning a home is a cherished dream for every individual, built after years of hard work. “The dream of having one’s own house is a fundamental desire,” he noted, stressing that a person’s property cannot be demolished simply because they are accused in a case.
The bench made it clear that the administration does not have the authority to punish someone by demolishing their home without a judicial verdict. “Bulldozer action cannot be used as a tool for revenge,” the justices remarked, highlighting that punishing an entire family for one person’s alleged wrongdoing is unjust.
The court underscored the importance of accountability and public trust in the government, stating that the protection of citizens’ rights and properties is paramount. The justices laid down several directives, including:
Families should not be punished for an individual’s alleged crime.
Compensation must be provided for wrongful demolitions.
Abuse of power through biased use of bulldozers will not be tolerated.
Notices must be sent via registered post, providing a 15-day window for response.
The decision to demolish a property must follow due legal process, ensuring no one is deemed guilty without a verdict.
The bench concluded that it is the duty of the judiciary to determine guilt and that hasty, unauthorized demolitions undermine the rule of law.