Equating 'bulldozer justice' with a lawless state of affairs where might is right, the Supreme Court on Wednesday laid down pan-India guidelines and said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.

The executive cannot assume judicial powers to punish citizens by demolishing their properties without following due process, the apex court said while terming such excesses "high-handed and arbitrary" and ruling that they need to be dealt with the "heavy hand of the law".

The bench of Justices B R Gavai and K V Viswanathan described as "chilling" the view of the bulldozer demolishing a building, rendering women, children and aged persons homeless overnight.
"If the executive acts as a judge and inflicts penalty of demolition on a citizen on the ground that he is an accused, it violates the principle of 'separation of powers',", said the bench in its 95-page judgment.

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The sight of a bulldozer razing a building is a chilling reminder of a lawless state of affairs, where 'might was right', when the authorities have failed to follow the basic postulates of natural justice and have acted in contravention of the principle of due process, it said.

The bench concluded the high-handed and arbitrary actions have no place in the constitution because it is founded on the rule of law.

Passing a series of directions, the bench made it clear that these would not be applicable in case there was an unauthorized structure present in a public place like a road, street, footpath abutting a railway line or any river and water bodies and also in cases where there is an order of demolition issued by a court of law.

As many as three petitions were filed before the bench on the single issue of demolition drive that had been launched by the Greater Hyderabad Municipal Corporation on certain complaints. "No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days' time from the date of service of such notice, whichever is later," the bench directed.

It observed that constitutional ethos and values would not permit such an abuse of power and that such misadventures cannot be tolerated by the court of law.

"The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits," the bench said.

It noted that to dispel the fears in the minds of citizens regarding arbitrary exercise of power by the officials of the State, it vested it with an absolute obligation itself under Article 142 of the Constitution, to issue some directions in exercise of power.

Article 142 states that the apex court shall have the power to pass such decree or make such order as may be necessary for doing complete justice in any matter or proceedings pending before it.

Even after pronouncing orders of demolition, the bench said some time ought to be given to the affected party so as to challenge the order before an appropriate forum.

Even in cases of persons who do not intend to challenge the demolition order, enough time needs to be provided to them so that they are permitted to vacate and settle their affairs, the apex court has said.

"Heavens would not fall on the authorities if they hold their hands for some period," the bench said.

It further directed that notice shall be served upon the owner/occupier by a registered post. Besides that, notice shall also be affixed conspicuously on the outer portion of the structure in question .
 
"The time of 15 days, stated herein above, shall start from the date of receipt of the said notice," it said.

To avoid any kind of allegation for back dating, the bench directed that as soon as the show cause notice is duly served, intimation shall be sent to the office of the concerned collector or district magistrate digitally by e mail.

"The collector/DM shall nominate a nodal officer and also allot an email address and communicate the same to all the municipal and other authorities dealing with building regulations and demolition within one month from today," it said.

The notice shall contain particulars regarding the nature of unauthorised construction, specific violation and the grounds of demolition, it directed.

The court held that the aforesaid authority shall grant the opportunity of personal hearing to the person concerned and make final order.

The court opined that the final order would envisage the contentions of the 'noticee', and if the said designated authority disagrees with the same, the reasons for it.

The bench held that the final order must reflect as to why such extreme step of demolition is the only option available and other options such as compounding and demolishing a part of the property, are not available.
It further ordered that the proceedings of demolition shall be videographed.

As the bench said, "Needless to state that the authorities hereinafter shall strictly comply with the aforesaid directions issued by us. It will also be informed that violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution."

Justice Gavai, who penned the verdict, started his judgement with a few lines of famous Hindi poet Pradeep to highlight the importance of having a home.

The Supreme Court today delivered its verdict on pleas seeking framing of guidelines on demolition of properties.