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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