Not happy sight to see people dragged to street: Court sets rules on demolitions

The Supreme Court issued guidelines for demolitions in cases of illegal construction and encroachments, mandating a 15-day advance notice, video recording, and public display of reports and warning officials of prosecution for non-compliance.

In Short

• Only unauthorised and non-compoundable structures will be demolished
• 15-day notice, public display of it, video recording of demolition required
• Guidelines exclude public roads, railways, water bodies, top court said

The Supreme Court on Wednesday, strongly opposing "arbitrary" demolition of buildings, issued pan-India guidelines to govern bulldozer actions in cases of illegal construction and encroachments. Key directives include issuing a 15-day advance notice, video recording the procedure, and publicly displaying the spot report and avenue for legal challenge, among other measures.

However, the guidelines will not apply if the unauthorised structure is on a public road, railway line, footpath or water body, or if demolition has been ordered by a court, the Supreme Court specified. The top court also stressed that the executive cannot become a judge and declare an accused guilty and demolish his house and remarked, "It is not a happy sight to see women, children and aged persons dragged to the streets overnight.

SUPREME COURT'S GUIDELINES FOR DEMOLITIONS

• Only structures found to be unauthorised and not compoundable will be demolished.
• No demolitions will be carried out without advance notice to the owner and the notice must also be prominently displayed on the structure.
• The show cause notice must be issued 15 days in advance, and it must specify the reason for demolition and the date of the hearing.
• A digital portal must be created within three months to provide details of the notice and the date it was publicly displayed near the structure.
• The order must explain why the extreme step of demolition is necessary.
• The order will not be implemented for 15 days from the date of receipt to allow the owner/occupier to remove unauthorised construction.
• The date for a personal hearing must be given, and the hearing must record the submissions of the owner.
• It must also determine whether the offence is compoundable or if partial demolition is possible.
• An auto-generated email must be sent to the Collector/District Magistrate as soon as the notice is issued to prevent backdating.
• A detailed spot report must be prepared, and a detailed video recording of the demolition, including police and officials present, must be made.
• The spot report must be displayed on the digital portal.
• Violation of these directions could lead to prosecution for contempt or other legal action.
• Concerned officials will be held responsible for the restitution of property if these guidelines are violated.