Supreme Court Firm Against Bulldozer Justice, Pauses Demolitions Of Private Properties Nationwide Until Next Hearing

The Supreme Court on Tuesday (17 September) paused unauthorised bulldozer demolitions of private property nationwide until 1 October, when it will further address the issue of 'bulldozer justice.'

The bench, comprising Justices B R Gavai and K V Viswanathan, dismissed government concerns—represented by Solicitor General Tushar Mehta—that this pause could disrupt lawful demolitions conducted following due process.

"Till next date there shall be no demolitions without seeking leave of this court. However, such order would not be applicable for unauthorised constructions on public streets, footpaths, abutting railway lines or public spaces," the court said.

The court reassured Mehta, "The heavens won't fall if we ask you to hold off until the next hearing." "Stay your hands. What will happen in 15 days?", Justice Gavai added as per LiveLaw.

While Justice Viswanathan noted, "Even if there is one instance of illegal demolition, it is against the ethos of Constitution," Justice Gavai asserted, "We won't come between unauthorised construction...But the executive can't be a judge."

The bench also pointed out that after its previous order, where it indicated plans to establish guidelines, certain comments were made by government ministers like 'bulldozer actions would continue.'

Justice Viswanathan added, "Since 2 September, there has been grandstanding and attempts at justification. Should this be happening in our country? Should the Election Commission be notified? We will set forth guidelines."

This reference is noteworthy with elections approaching in Jammu and Kashmir, Haryana, Maharashtra, and Jharkhand—regions where the Bharatiya Janata Party (BJP) is either seeking or defending power.

During the hearing, some petitioners raised concerns about demolitions continuing despite the court's earlier directive that being accused of a crime is not a valid reason for property demolition.