Can’t Bulldoze Laws: SC slams demolition due to criminal accusations twice in ten days

On Thursday, the Supreme Court vehemently denounced “bulldozer justice,” ruling that property demolition cannot be justified by one’s involvement in criminal activity. It was cautioned by the court that such activities may be seen as “running a bulldozer over the laws of the land” or “Bulldoze Laws”. Javed Ali Mehboobamiya Saeed, a resident of Gujarat’s Kheda district, filed the lawsuit because his family’s home was under danger of being demolished after he was charged with trespassing on September 1. The case was heard by a bench consisting of Justices SVN Bhatti, Sudhanshu Dhulia, and Hrishikesh Roy.

The land was co-owned by Saeed, as his attorney disclosed to the court. Saeed’s family had resided in the house for twenty years, since it had been approved for construction by a 2004 gram panchayat resolution. The bench ruled that the state could not punish an entire family for the alleged criminal activity of one member by tearing down their home in a nation where the rule of law is upheld. “Alleged involvement in a crime is no ground for demolition of a legally-constructed property,” the judge said.

In a country where the law is supreme, the court also stated that threats of demolition of this nature were intolerable. The court decided that Saeed’s house could not be demolished until additional instructions were given, and it sent a notice to the Gujarati government asking a response within four weeks.

On September 2, a different bench of the Supreme Court had expressed reservations about dwellings being demolished just because their owners had been charged or found guilty of a crime.

The court emphasized the need of appropriate norms, especially when it comes to unauthorised buildings, and scheduled a hearing on September 17 in order to hear proposals.

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