Supreme Court clarifies bulldozer order: not a blanket bar on demolitions
UPSC / SSC current affairs note · Polity
Why in news
The Supreme Court clarified its 2024 judgment on 'bulldozer justice', stating it does not bar removal of illegal constructions on public land if procedure is followed. It refused to hear individual contempt petitions, directing them to jurisdictional High Courts for fact-finding.
Background
In November 2024, the Supreme Court had laid down an elaborate procedure for demolitions to prevent arbitrary use of bulldozers, especially targeting accused persons. The clarification came in response to petitions alleging violations of that judgment.
Key facts
Supreme Court clarified its 2024 judgment is not a blanket ban on demolitions of illegal constructions on public land.
Bulldozers can be used to remove encroachments after strict compliance with municipal laws and procedures.
The Court refused to adjudicate individual contempt petitions, leaving them to jurisdictional High Courts for fact-finding.
The bench (CJI Surya Kant, Justices Joymalya Bagchi and V Mohana) said the 2024 judgment targeted pick-and-choose demolitions, not all removals.
Justice Bagchi stated bulldozers are needed when rule of law is thwarted by corruption between authorities and encroachers.
The Court warned against singling out encroachments of families with accused members as reprisal, which violates rule of law.
The 2024 procedure includes: notice detailing illegalities, 15 days to respond, personal hearing, final order, and 15 days to appeal.
The Court clarified that these directions do not apply to unauthorised constructions in certain cases (as per original judgment).
Prelims pointers
- Supreme Court judgment of November 13, 2024 on bulldozer justice
- Procedure: notice, 15-day response, hearing, final order, 15-day appeal period
- Bench: CJI Surya Kant, Justices Joymalya Bagchi and V Mohana
- Jurisdictional High Courts to handle contempt petitions
- Rule of law principle against arbitrary state action
Mains angles
- Discuss the balance between rule of law and need to remove illegal encroachments.
- Critically examine the Supreme Court's role in preventing arbitrary state action while upholding municipal laws.
- Analyse the concept of 'bulldozer justice' and its implications for fundamental rights under Article 21.