State authorities cannot demolish the properties of citizens merely because they are accused or convicted of crimes, said the Supreme Court on Wednesday.

A bench of Justices BR Gavai and KV Viswanathan also issued guidelines to curb instances of “bulldozer justice”.

There are no provisions in Indian law that allow for demolishing property as a punitive measure. Nevertheless, the practice has become commonplace, mainly in states ruled by the Bharatiya Janata Party.

The court was hearing a batch of pleas seeking its intervention against punitive demolitions by state governments. It had reserved the verdict in the matter on October 1.

“If a property is demolished only because person is accused, it is wholly unconstitutional,” the bench said on Wednesday. “The chilling sight of bulldozer reminds that constitutional values and ethos do not allow such abuse of power.”

Demolishing the homes of citizens also violates their right to shelter under Article 21 of the Constitution, said the court, adding that it is a form of collective punishment against the family members too.

The bench added that demolishing the properties of any person accused or convicted of a crime would amount to the state authorities taking the law into their own hands.

“Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability,” the court held, reported Live Law.

The court then proceeded to issue guidelines that government officials need to follow in such cases. It directed that even after an order for the demolition is passed, adequate time has to be given to the affected persons to appeal it.

Even in cases where persons do not wish to appeal the order, sufficient time should be given to vacate the property, the bench said.

No demolition can take place without a show cause notice, which will contain details of the nature of violations that led the authorities to propose demolition, as per the guidelines.

The notice should also mention the time frame within which the owner has to reply and the documents that they have to furnish. It should be sent to the owner of a property that is proposed to be demolished via registered post and pasted outside the structure.

As soon as the notice is served, the collector or district magistrate of the area should be told about it. The district magistrate will then appoint nodal officers responsible for building regulations and demolitions.

Every municipal authority has also been directed to provide a digital portal within three months where details of such notice and the order will be published.

Before any demolitions, the designated authority should give an opportunity for a personal hearing to the affected persons. The final order in the matter should specify why demolition is the only option available.

A detailed inspection report should also be prepared by the authority before demolishing a structure.

The court said that the proceedings of demolition are required to be videographed and preserved. A demolition report, with details of police and civil personnel who participated in the process, should be forwarded to the municipal commissioner concerned and displayed on the digital portal.

If the directions are flouted, the officials responsible will be charged with contempt of court, said the bench.

“The officials should also be informed that if the demolition is found to be in violation of the orders of this court, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages,” it added.

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