SC lays down guidelines on demolition of properties

Equating 'bulldozer justice' with a lawless state of affairs where might is right, the Supreme Court on Wednesday laid down pan-India guidelines and said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond. The designated authority is required to provide an opportunity for a personal hearing to the affected party, with minutes of the hearing duly recorded. The guidelines also mandate that all demolition proceedings be video recorded, preserved, reported to the district collector, and displayed on a digital portal. 
The executive cannot assume judicial powers to punish citizens by demolishing their properties without following due process, the apex court said while terming such excesses "high-handed and arbitrary" and ruling that they need to be dealt with the "heavy hand of the law". A bench of Justices B R Gavai and K V Viswanathan described as "chilling" the sight of a bulldozer demolishing a building, rendering women, children and aged persons homeless overnight.
Emphasizing the “rule of law” as the foundation of democratic governance, the court underscored that the guilt of an accused cannot be presumed, and arbitrary demolitions violate the principle of separation of powers.The court said accountability must be fixed on public officials who take law into their hands and act in a high-handed manner. "State and its officials can't take arbitrary and excessive measures. If any officer of the State has abused his power or acted in total arbitrary or malafide manner, he cannot be spared," it added.Violation of the court's directions would lead to contempt proceedings, the bench warned.