Sunday, March 16th, 2025

Live: Government cannot demolish houses arbitrarily… Judgment on bulldozer action being read in Supreme Court

New Delhi: The Supreme Court is giving its verdict today on the bulldozer action against criminals. The bench of Justice BR Gavai and Justice KV Vishwanathan has said many important things in its remarks. The court said that the bulldozer action shows the fear of the law not being there. The court will issue guidelines for the entire country on bulldozer action. The court said that it is necessary to follow the legal process in such action. In the previous hearing, the court had expressed strong objection to the illegal demolition action targeting those accused of crimes. The Supreme Court had said that even a single example of such action is against the spirit of the Constitution. Also stressed the need to make all India guidelines in such matters.

Houses cannot be demolished arbitrarily – Supreme Court
While reading the decision, the bench of Justices Gavai and KV Vishwanathan clearly said that the administration cannot arbitrarily demolish anyone’s house. If any such officer demolishes anyone’s house arbitrarily or as per his/her wish, then action should be taken against him/her. The bench further said that if it is found that the house has been demolished illegally, then compensation will also be given for the same. No action should be taken without listening to anyone’s side. The court also said that Prashant cannot become a judge.

The entire family should not be punished for crime – Supreme Court
On the bulldozer action, the Supreme Court also said that you cannot harass the entire family of the accused because of him/her. The court also made it clear that our decision is not for any one state, but for the entire country. For this the entire legal process will have to be followed. The bench of Justices BR Gavai and KV Vishwanathan said that notice for action should be given to the DM. Also mention in the notice how the house is illegal or which part is illegal. The bench said that notices should be shared by creating a portal within 3 months. Not only this, it is necessary to give advance notice for demolition of illegal construction. The court said that we have given the verdict under Article 142.

We have considered the rights guaranteed under the Constitution which provide protection to individuals from arbitrary state action. The rule of law provides a framework to ensure that individuals know that property will not be taken arbitrarily.

Justice Gavai

Do not take a pre-decision to prove guilt – Justice Gavai
While giving the verdict on the bulldozer action, Justice Gavai said that having a house is a desire that never fades, every family dreams of having a house. he/she further said that an important question is whether the executive should be allowed to take away asylum as a major form of punishment. Justice Gavai further said that the rule of law is the foundation of democratic government. The issue is fairness in the criminal justice system, which states that the legal process should not prejudge the guilt of the accused.

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