'Rule of law is supreme': SC orders blanket stoppage to bulldozer demolitions of private property till Oct 1

The Supreme Court today ordered a blanket stoppage to all bulldozer-enabled demolitions across the country, until October 1. The use of bulldozers could only be used unless the demolitions are on public roads, water bodies, railway lines.

The apex court said it would formulate guidelines, which would be in keeping with the rule of law, over how and when can bulldozer demolitions be used on private property. 

Last week, a Supreme Court bench, comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti, criticised the practice of "bulldozer justice," stating that such threats of demolition are unimaginable in a country governed by the rule of law.

The case involved municipal authorities in Gujarat who had threatened to demolish the home of a family, one of whom was named in a First Information Report (FIR). The petitioner, a co-owner of the property in Kathlal, Kheda district, approached the SC after facing the demolition threat. Their lawyer argued that three generations of the family had been living in the house for over two decades.

In its ruling, the court strongly condemned the municipal authorities' actions. 

“In a country where the rule of law governs state actions, the misconduct of one family member cannot justify punitive action against the entire family or their legally-constructed home. Alleged involvement in a crime does not provide grounds for property demolition," it stated.

The bench of Justices Bhushan R Gavai and KV Viswanathan further emphasized the need for clear, nationwide guidelines to prevent arbitrary demolitions. "We are looking at broad guidelines to ensure there is no bulldozer tomorrow. It needs to be documented and regulated so that neither party can point out deficiencies. Why can’t guidelines be issued to provide notice, time to respond, and the opportunity to pursue legal remedies before demolition? We aim to resolve this issue on a pan-India basis," they stated.