Demolition of properties: SC lays down pan-India guidelines, says Executive can’t become judge

Supreme Court condemns illegal demolitions, emphasizes compensation for victims, and criticizes state overreach in judicial matters.

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.

Earlier, in a suo motu case for judgment, a Bench of Justices B.R. Gavai and K.V. Viswanathan had promised to protect even convicted criminals from state-sponsored punitive demolition of their legal private property.

The apex court had stayed illegal demolitions across the country in an order on September 17.

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.