Bulldozer Action: Supreme Court’s decision on bulldozer action today, guidelines will be decided

SC On Bulldozer Actions: The Supreme Court will give its verdict today i.e. on Wednesday (November 13, 2024) on the petitions filed against the ongoing bulldozer action across the country. The court has said that it will make guidelines to be applicable in the entire country. Hearing this case, on September 17, the Supreme Court had banned the bulldozer action. That ban still continues. After the court’s decision, now bulldozer action can be taken accordingly.

While reserving the decision, the court had made it clear that it would talk about only those solutions which are already available in the law. The court had said that any action should be taken only according to the rules. He will make guidelines for this. No protection will be given to illegal construction on roads, footpaths etc. The court had also said that it would not give any order which would be helpful to those who encroach systematically.

‘No notice is given, no opportunity to reply’

Many petitioners, including Jamiat Ulema-e-Hind, had told the Supreme Court that bulldozers are being run across the country in violation of rules. When someone is accused of a crime, his house is being demolished to teach him a lesson. No notice is given, nor opportunity to reply. During the hearing, the court had said that being accused of a crime cannot be a basis for demolishing a person’s house. This is ‘Bulldozer Justice’.

Those doing illegal construction should be given 10 days’ time.

Solicitor General Tushar Mehta had presented arguments on behalf of three state governments before the bench of Justices BR Gavai and KV Vishwanathan. While presenting the side of UP, MP and Rajasthan, he had said that he is in favor of following the municipal rules. There should be a system of sending notice before taking action on any construction. The person doing illegal construction should be given 10 days to make improvements.

‘Action should be taken against illegal construction whether it is Hindu or Muslim’

Mehta had also said that the petitioners were trying to create such an image as if the state governments were targeting a single community. On this, Justice Vishwanathan had said, “If there are two illegal structures somewhere, if you demolish only one of them on the basis of allegations of a crime, then questions will be raised.” Justice Gavai had said, “We are in a secular system. Whether illegal construction is done by a Hindu or a Muslim, action should be taken.”

‘People will be able to improve in 10 to 15 days’

The judges had said that it is wrong to directly demolish someone’s house. If people get 10-15 days time, they will be able to improve their construction. If improvement is not possible then demolition should be the last option. People should get time before demolition. If a family has been living somewhere for years then it cannot suddenly arrange for an alternative house. The judges had also said that people will be able to approach the court when they get time.

Justice DY Chandrachud’s bench had set guidelines

On November 6, another bench of the Supreme Court had ordered a compensation of Rs 25 lakh to the petitioner in a case of demolition of a house without notice. In this decision taken on November 6, the bench headed by the then Chief Justice DY Chandrachud had set guidelines regarding demolition of houses to widen the road. Now the bench headed by Justice BR Gavai will set guidelines regarding every type of bulldozer action.

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