Apex Court Bulldozes the Lawless "Bulldozer Justice".......

Apex Court Bulldozes the Lawless "Bulldozer Justice".......

Baca Juga



        In order to send a strong message against the trend of "Bulldozer Justice", the Apex Court today on held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime. A bench of Justices BR Gavai and KV Viswanathan issued the direction after hearing pleas seeking the framing of guidelines on the demolition of properties.

1. Even after the order of demolition is passed, the affected parties need to be given some time to challenge the order before an appropriate forum.

2. Even in cases where people do not wish to contest the demolition order, sufficient time needs to be given to them to vacate the place.

3. Notice shall be served upon the owner by registered post and additionally, notice shall also be affixed on the outer portion of the structure.

4. The Collector and DM will appoint nodal officers in charge of demolition.

5. The authority shall hear personal hearings and minutes shall be recorded, and the final order is thereby passed.

6. It should answer if an unauthorized structure is compoundable, and if only a part is found non-compoundable, and it has to be found why the extreme step of demolition is the only answer.

7. Proceedings of demolition to be videographed. Video to be preserved and said demolition report is to be forwarded to the Municipal Commissioner.

8. Violation of any of its directions would lead to the initiation of contempt proceedings.

9. If the Executive, in an arbitrary manner, demolishes the house of a citizen only on the ground that they are accused of a crime, then it acts contrary to the principles of the rule of law.

 

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