The Supreme Court’s landmark decision on bulldozer actions across the country
This is a great achievement as the Supreme Court of India has recently passed an interim order to stopped the use of bulldozers for demolitions throughout the country till the further proceedings. This ban was given by a two-bench of Justice BR Gavai and Justice KV Viswanathan and the said ban shall continue up to the 1st of October, 2024. The court said that any operation that uses bulldozers to demolish are prohibited, without obtaining court clearance from the supreme court implying that the act needs to be accorded some measure of respectfulness before its execution.
The case is, however, due for recall on 1 October, as the apex Supreme Court is likely to issue standards to be effected in the operations of the bulldozers countrywide. This comes as several state governments and organizations have sought the courts interventions to challenge the legalities and fairness of bulldozer actions especially and where such actions are taken punitive measures against the accused individuals.
Court’s Interim Ban and its Exceptions
The Supreme Court order makes it impossible for bulldozer demolitions to be carried out without a notice to affected occupants until October 1, except for unauthorised structures in road, footpath or railway way. The court went further to state that the ban being implemented for a limited of period will be stamped out bard and they will still be demolished to facilitate efficient functioning of such important public utilities as roads, bridges and the likes. The major emphasis of the directions given by the court is the banning of barging of bulldozers as a form of punishment without recourse to the legal process.
The decision to ban bulldozer operations has been made as a result of growing concern over demolition exercise that was being undertaken without procedures and even where people or groups where deemed undesirable were demolished. This decision of the Supreme Court is perceived as a way of ending unprocedural demolition actions as well as standardizing the implementation of the law throughout the country. From this hearing, the bench made it furthermore clear to everyone concerned that any future bulldozer operations if any has to have the consent of the Court.
Guidelines to Be Established for Nationwide Implementation
The main consequence of the decision is the Supreme Court’s plan to lay down guidelines for the use of bulldozers in India. The Court recognized the need for a comprehensive approach in this role, as concerns have been raised about their abuse in some states Once these guidelines are formulated, clear guidelines will be issued to state governments on how demolitions will be conducted legally and transparently.
The issue of bulldozing has been controversial in recent years, with critics saying such actions are often carried out without adequate legal frameworks and disproportionately affect marginalized communities, especially in some states in the BJP rule. By setting uniform guidelines the Supreme Court aims to curb the misuse of abuse of power by ensuring that it is exercised in accordance with the law prescribes only.
Petition Filed by Jamiat Ulema-e-Hind
The Supreme Court order follows a petition filed by Jamiat Ulema-e-Hind, a prominent Muslim organisation, alleging selective targeting of bulldozers in some states, particularly those of the Bharatiya Janata Party (BJP) . follow the rules. The petition alleged that buildings were being demolished as punishment against persons accused of offences, without due investigation or legal process.
In its petition, Jamiat Ulema-e-Hind expressed concern that these actions violate constitutional rights and disproportionately affect minorities. Bulldozer demolition was banned nationwide until proper guidelines were issued to ensure that such acts were carried out fairly and legally, they said.
Government’s Response and Objections
During the hearing, Advocate General Tushar Mehta, appearing on behalf of the central government, challenged the interim order of the Supreme Court. He pointed out that stopping the bulldozer operation could prevent the officials from taking necessary action against illegal structures and sometimes demolition is necessary to maintain law and order, Mehta asserted prohibiting these practices could tie the hands of government officials and sensitive issues such as encroachment on public property would not be addressed.
But the Supreme Court bench rejected the argument that a temporary halt to bulldozing operations would not pose any risk, Justice Viswanathan said in response to the Attorney General’s concern that “the sky would not fall” if demolition was halted temporarily when the court considers the matter. He also stressed that the court’s decision to intervene was necessary to protect constitutional values and prevent abuse of demolition powers.
Special Powers Under Article 142
The Supreme Court exercised its right under Article 142 of the Constitution of India to deliver this judgment. Article 142 empowers the Supreme Court to make necessary orders to ensure “complete justice” in any case before it. In this case, the court exercised its discretion to prevent possible infringement.
Conclusion
The Supreme Court’s interim order banning bulldozer operations till October 1 is a landmark decision addressing concerns of abuse of power in India. The move by the Court to set out guidelines for these actions is likely to bring much-needed clarity and consistency to demolition patterns across the country. While prohibited, the Court is clearly taking careful and measured steps to ensure compliance with the law and the protection of individual rights
As the case moves forward, the Supreme Court’s final ruling on the issue could have significant implications for state governments, which have bulldozed and other enforcement tools. In the meantime, bulldozer operations will be tightly controlled across India and the court will ensure that they are carried out only on its orders. The next hearing, scheduled for October 1, is expected to further explore the future of bulldozer demolition in India and its regulations.
