Thursday, November 21st, 2024

Know where the Supreme Court’s new guidelines will not be applicable on bulldozer action.


New Delhi: The Supreme Court has given an important decision regarding ‘Bulldozer Justice’. The Supreme Court reacted strongly to the demolition of the house using bulldozers. Along with this, the apex court on Wednesday issued guidelines for the entire country regarding demolition of properties. The Supreme Court clearly said that the executive officer cannot be a judge, he/she cannot declare the accused guilty and demolish his/her house.

contrary to the principles of law

A bench of Justice BR Gavai and Justice KV Vishwanathan delivered its verdict on the matter. During the hearing, the bench said that if the executive officer arbitrarily demolishes the house of a citizen merely on the basis that he/she is accused of a crime, then it is contrary to the principles of law. The bench said that it would be completely unconstitutional that people’s houses be demolished just because they are accused or guilty.

It would be completely unconstitutional to demolish people’s houses just because they are accused or guilty. No demolition action will be taken without issuing a show cause notice and these steps will be taken either within the stipulated time as per the rules of the local municipality or within 15 days of issuing the notice.

Justice BI Gavai Bench, during the hearing of the case

Where will the Supreme Court’s instructions not be implemented?

The Supreme Court has made it clear that the court’s instructions will not be applicable regarding public places. The bench clarified that its directions will not apply in cases where there is any unauthorized structure on any public place such as a road, street, footpath, railway line or any river or water body. Along with this, the court order will not be applicable even in those cases where any other court has ordered demolition.

Illegal, unconstitutional, responsibility of officers…what did the Supreme Court say on the bulldozer action
It is clear from the court’s decision that if any unauthorized structure is demolished for construction of roads and footpaths or construction of railway line, then this decision will not be applicable on it. The top court said that even if any illegal construction has taken place on the banks of a river or reservoir or a demolition order has been issued by a court order, the above instructions will not apply there.

presswire18 TimesYou cannot demolish a house just because someone is an accused, Supreme Court’s big attack on bulldozer action

Instructions issued under Article 142

Earlier, the apex court said that in order to remove the apprehensions prevailing in the minds of the citizens regarding the arbitrary exercise of powers by the state officials, we consider it necessary to issue some instructions in the exercise of our powers under Article 142 of the Constitution. Are. Article 142 empowers the Supreme Court to pass any ‘decree’ or order necessary for doing complete justice in any case pending before it.

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