‘State cannot usurp judicial functions’: SC lashes out at illegal demolitions, orders compensation to victims

A bulldozer is being used to demolish the illegal construction. File
| Photo Credit: PTI

Supreme Court on Wednesday (November 13, 2024) lashed out at illegal demolitions of private property, homes of accused persons and held that compensation must be given to victims of illegal demolition.

The Supreme Court held that the State cannot usurp judicial functions to become a judge to hold a person guilty before he is tried in a court of law.

The court observed that the construction of a house for an average citizen is an embodiment of years of aspiration, dreams of security. Bulldozing private homes of accused illegally is an arbitrary action and a naked display of the dictum “might is right”.

Such high-handedness by the State has no place in democracy, and should be dealt with a heavy hand.

The Bench further added that the protection of the judgment would not extend to encroachments into public land or unauthorised structures.

The Bench said, “The Executive and its functionaries, obliged to protect citizens, cannot consider themselves judges who decide an accused guilty and demolish his home and property in an arbitrary, high-handed and discriminatory manner.”

The Supreme Court further issued a slew of guidelines for following due process ahead of demolitions of unauthorised structures, including 15 days’ notice for the residents to find another place to live in.

Justice B.R. Gavai said, “Children, women and senior citizens should not be rendered homeless.” He further added that “Demolitions must be videographed and be produced as evidence in case of challenge to its legality.”