Supreme Court Condemns “Bulldozer Justice”: A Landmark Ruling on Property Rights and Due Process

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The Supreme Court of India has delivered a significant judgment condemning the practice of “bulldozer justice,” emphasizing that such actions are incompatible with the principles of the rule of law. The ruling, authored by Chief Justice D.Y. Chandrachud, highlights the necessity for due process in demolishing properties, particularly when state authorities act against individuals accused of crimes. This decision marks a critical stance against arbitrary state actions that threaten citizens’ rights to their homes and properties.

Background of the Case

The judgment stems from a case concerning the illegal demolition of a house in Maharajganj district, Uttar Pradesh, in 2019. The petitioner, Manoj Tibrewal Aakash, claimed that his home was demolished without following legal procedures, following only a public announcement rather than any formal written notice. The Supreme Court found that the demolition was carried out unlawfully and ordered the Uttar Pradesh government to pay ₹25 lakh as interim compensation to Aakash.In its ruling delivered on November 6, 2024, the bench comprising Chief Justice Chandrachud and Justices J.B. Pardiwala and Manoj Misra asserted that “bulldozer justice” undermines constitutional rights, specifically referencing Article 300A, which protects property rights from being curtailed without legal authority. The court’s decision not only addresses the specific case at hand but also sets forth broader implications for how state authorities must conduct themselves in matters involving property demolitions and encroachments.The Supreme Court’s ruling comes amid growing concerns over the misuse of demolition powers across India, particularly against marginalized communities. By establishing clear procedural safeguards that must be adhered to before any demolition can take place, the court aims to ensure accountability and uphold citizens’ rights against arbitrary state actions.

Conclusion The Supreme Court’s condemnation of “bulldozer justice” serves as a vital reaffirmation of the rule of law and individual rights in India. By insisting on due process and accountability from state authorities, this judgment not only protects citizens from unlawful demolitions but also reinforces the sanctity of property rights enshrined in the Constitution. As India grapples with issues related to state power and individual freedoms, this ruling stands as a crucial reminder that justice must be served through lawful means rather than through arbitrary actions. The court’s clear guidelines for future demolitions will help safeguard against potential abuses and ensure that citizens can exercise their rights without fear of reprisal or unlawful action by the state.

Law student, B.A.LL.B, Rajiv Gandhi National University of Law

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