Court said that "UP Government Bulldozer on the Move: 28 Key Takeaways from the Supreme Court's Landmark Decision on Where It Can Roam and Where It Must Stop!"

The Supreme Court has made a strong comment up government on the bulldozer action. The supreme court said that the house of the accused or the convict cannot be demolished, it is not acceptable at any cost. The court said at the beginning of its decision - 'Everyone people lives in the dream of having their own house, their own courtyard.And It is the desire of the human heart that the dream of a house should never be lost.'

The Supreme Court bluntly said that arbitrary attitude will not be tolerated in this case. Officials cannot work arbitrarily. And The accused cannot be declared guilty without a hearing. While delivering the verdict, Justice Gavai said, 'Every heart has a desire to have one's own house. Famous Hindi poet Pradeep has said it this way. Home security is the collective hope of the family. Can the executive be allowed to take away the security of the family of an accused person? This is a question before us.'

The court said that the scope of the case is limited, the issue is whether property can be demolished if the person is accused or convicted of a crime? A house is not just a property but a symbol of the family's collective hope for security.

What can happen and what cannot?

The Supreme Court said that A house cannot be demolished just because a person is accused. The Supreme Court said  UP state cannot take arbitrary action against the accused or the convict.

·        Bulldozing action is like giving collective punishment, which is not allowed in the Constitution.

·        Court Said that No one can be convicted without a fair trial.

·        The rule of law, fairness in the legal system has to be considered.

·        The rule of law does not allow arbitrary discretion. the Supreme Court said that Selective demolition raises the question of abuse of power.

·        The accused and even the convicts have been given protection in criminal law. Court Said that- The rule of law cannot be allowed to end.

·        Protection of civil rights and freedom is necessary in a constitutional democracy.

·        Court said that If the executive arbitrarily demolishes the home of a citizen/people  on the ground that he is accused of a crime, then it is a violation of constitutional law.

·        Court Said that Officials should be held accountable for acting in such an arbitrary manner.

·        Officials cannot be spared for abusing their power.

·        While considering demolition of a house violating local laws, one should see what is permitted in the municipal law. Unauthorised construction may be negotiable or only a part of the house can be demolished.

·        Officials have to show that the structure is illegal and there is no possibility of compounding the offence or demolishing only a part.

·        The notice must state the reason for bulldozing, date of hearing.

·        A digital portal should be created in 3 months, mentioning the details of the notice and the date of displaying the notice in a public place near the structure.

·        Court Said that A date for personal hearing must be given.

·        The order must note why bulldozing action is required.

·        A building can be demolished only if the unauthorised structure is on a public road/railway track/water body. Along with this, the building can be demolished only after following the procedure

 

·        Only those structures will be demolished which are found to be unauthorized and cannot be disposed of.

·        Court Said that- If the building is demolished illegally, contempt proceedings will be initiated against the officials and they will have to pay damages.

·        A detailed spot report will be prepared while demolishing unauthorized structures. Court Said that Video recording of the demolition will be done in the presence of police and officials. court said that This report will be published on the portal.

·        Court Said that If an order to demolish the house is passed, time should be given to appeal against this order.

·        Court said that- It is not a pleasant sight to see women and children on the streets after demolition overnight without appeal

·        The notice will be sent to the house owner by registered post and pasted outside the structure.

·        The time period from the date of notice is 15 days after the notice is served.

·        After service, information will be sent by the Collector and District Magistrate.

·        Court Said that The Collector and DM will appoint nodal officers in charge of demolition of municipal buildings etc.

·        The authority will hear the personal hearing, it will be recorded and a final order will be passed thereafter.

·        The owner will be given an opportunity to demolish or remove the unauthorised structure within 15 days of the order.

All directions must be followed and non-compliance of these directions will lead to contempt and prosecution and the officials will be held liable to restore the demolished property along with compensation at their own cost.

 

Directions should be given to all Chief Sec