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Supreme Court of India 2024-11-13 disposed

In Re: Directions in the matter of demolition of structures vs WITH

Bench: 2 — B.R. Gavai, K.V. Viswanathan

In Brief

This landmark judgment addresses the practice of "bulldozer justice" – the demolition of properties of persons accused of crimes without following due process. The Supreme Court held that it is illegal and unconstitutional to demolish residential or commercial properties of accused or convicted persons without proper notice, hearing, and statutory procedure. The Court emphasized that the executive cannot act as judge, that shelter is a fundamental right under Article 21, and that demolition constitutes collective punishment when innocent family members are affected. The judgment sets out detailed directions requiring notice, personal hearings, consideration of alternatives like compounding, appeal periods, video documentation, and accountability of erring officials. These directions apply nationwide except for encroachments on public places and court-ordered demolitions.

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Constitutional Law Rule of Law Separation of Powers Fundamental Rights Administrative Law Municipal Law Demolition Due Process Right to Shelter Criminal Procedure Judicial Review

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