Representative image of a bulldozer being used to demolish illegal structures.
Credit: PTI File Photo
New Delhi: The Supreme Court said that justice through bulldozers is unknown to any civilised system of jurisprudence and it is simply "unacceptable" under the rule of law.
It said there is a grave danger that if high-handed and unlawful behaviour is permitted by any wing or officer of the State, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons.
"Citizens’ voices cannot be throttled by a threat of destroying their properties and homesteads," a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra said.
The court released its copy of November 6 judgment wherein Uttar Pradesh government was told to pay Rs 25 lakh as interim compensation to senior journalist Manoj Tibrewal Akash for demolition of his house for road widening project.
The bench said, "The State must follow due process of law before taking action to remove illegal encroachments or unlawfully constructed structures. Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter."
In the case, the court noted that the state government authorities failed to show any document to establish the original width of the state highway which was notified as NH 730, a National Highway.
It also pointed out that no material was produced by the State of Uttar Pradesh to indicate whether any enquiry or demarcation was carried to earmark the encroachments in case of the petitioner's house located in Maharajganj district.
The bench said, "The ultimate security which a human being possesses is to the homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments. There are municipal laws and town-planning legislation which contain adequate provisions for dealing with illegal encroachments."
The court said that where such legislation exists, the safeguards which are provided in it, must be observed.
The court also laid down certain minimum thresholds of procedural safeguards which must be fulfilled before taking action against properties of citizens.
"Officials of the State who carry out or sanction such unlawful action must be proceeded against for disciplinary action. Their infractions of law must invite criminal sanctions. Public accountability for public officials must be the norm. Any action in respect of public or private property must be backed by due process of law," the bench said.