Supreme Court mandates 15-day notice, guidelines adherence before demolitions

The Supreme Court mandates 15-day notice, strict guidelines, and videography for demolitions to prevent arbitrary actions and protect rights

The Supreme Court of India recently issued a directive requiring authorities to strictly adhere to legal guidelines before carrying out any demolition of unauthorized structures. In a significant ruling, the Court mandated that property owners must receive a 15-day notice prior to any demolition action. This notice must specify the nature of unauthorized construction, detail the violations, and clearly outline the reasons for demolition. The notice must be served by registered post and prominently displayed on the exterior of the property in question. Additionally, the entire demolition process must be documented on video, and any failure to follow these procedures could lead to contempt of court charges.

Read More: Supreme Court Upholds Aligarh Muslim University’s Minority Status in 4:3 Verdict

A bench of Justices B.R. Gavai and K.V. Viswanathan emphasized that the “rule of law” should guide all actions of the executive and warned against any arbitrary actions by government authorities. The Court stated that disregarding these legal procedures could lead to lawlessness, emphasizing the importance of safeguarding civil rights in a democratic society. The bench highlighted that protecting citizens from arbitrary actions was essential to maintaining constitutional democracy and reinforcing the rule of law.

Read More: Supreme Court mandates 15-day notice, guidelines adherence before demolitions

The Supreme Court further clarified that the judiciary’s role cannot be supplanted by the executive in determining actions that affect citizens’ rights, particularly with respect to property and personal security. The bench stressed that when the executive takes on the role of the judiciary by ordering demolitions without following due process, it infringes upon the fundamental principle of rule of law.

Read More: Hindu Temple in Canada Cancels Consular Event Amid Rising Threat of Protests

The justices noted that actions taken without judicial oversight or established legal processes can lead to erosion of public trust and promote a culture of lawlessness.

The court also emphasized that demolition should be seen as a last resort, even in cases where encroachments have occurred. Authorities, according to the Supreme Court, must demonstrate that demolition is the only viable option in resolving a specific issue before proceeding. This decision serves as a stern reminder to the executive to uphold due process and protect citizens’ rights by following established legal protocols, thereby strengthening the foundation of India’s democratic and judicial systems.

We’re now on WhatsApp. Click to join.

Like this post?
Register at One World News to never miss out on videos, celeb interviews, and best reads.