Bulldozer justice can’t go on: SC’s warning to states
The court frowned on the practice, emphasising that a person’s property cannot be destroyed solely because they or a family member are accused.
The Supreme Court on Monday said it would issue guidelines to regulate demolitions across India — a move that comes in the background of local governments and police demolishing the properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.

The court frowned on the practice, emphasising that a person’s property cannot be destroyed solely because they or a family member are accused or convicted of a crime.
The top court underscored the importance of due process and natural justice before any demolitions are carried out and expressed the need for nationwide guidelines to address this issue.
A bench of justices Bhushan R Gavai and KV Viswanathan questioned how a house could be demolished simply because someone is accused of a crime, noting that even a conviction does not justify such an action without following proper legal procedures.
“How can a house be demolished just because he is accused? It cannot be demolished even if he is a convict... A father may have a recalcitrant son, but if the house is demolished on this ground...this is not the way to go about it,” commented the bench, expressing concern that despite previous orders of the Supreme Court on due process, there were complaints being raised.
The court highlighted the need for standardised guidelines across all states to prevent arbitrary demolitions, pointing out that even in cases of unauthorised constructions, the process must be conducted in accordance with the law.
“We are on broad guidelines so that there is no bulldozer tomorrow and so that it is documented and checked so that neither side point any lacunae...Why cannot some guidelines be passed so that it is followed? There can be notice, time to file a reply, time to pursue other legal remedies and then the demolition...we want to resolve this on a pan-India basis,” said the bench.
Governments across the country have increasingly resorted to the practice of demolishing the properties of those accused of crimes revelling in the message this sends out about their decisiveness and speediness of their justice. When challenged, most claim the properties were illegal and violated laws, though it has never been clear whether due process was followed even in these cases.
The apex court’s proposed guidelines on property demolitions could serve as a crucial check against the rising trend of “bulldozer justice” -- a term increasingly used to describe the practice of using heavy-handed demolition tactics against individuals accused or suspected of criminal activities.
These guidelines could establish a uniform legal framework across states, ensuring that any action against properties is grounded in due process and not driven by extrajudicial motives. By mandating adherence to municipal laws and legal protocols before demolitions are carried out, the court’s guidelines would help prevent arbitrary and punitive actions that may otherwise bypass established legal channels.
The court was hearing a petition by Jamiat Ulama-i-Hind, which sought a generic directive to stop demolition across the states until the court decides the Muslim body’s petition alleging violation of people’s rights.
Appearing for the Uttar Pradesh government, which faces a series of complaints of illegal demolition in the petition, solicitor general (SG) Tushar Mehta said that the state’s stand is clear that merely because a person is alleged to be part of an offence, it cannot be a ground for demolition. Mehta read out from the state’s affidavit to state that no immovable property can be demolished because owner or occupant is involved in any offence, while adding that in the instances mentioned in the petition filed against the state, notices for violations were sent to the persons, and since they did not respond, unauthorised constructions were demolished following the process in the municipal laws.
“So, if you are accepting this...then we will issue guidelines based on this. What you have said is fair,” replied the bench, adding that the guidelines so issued could deal with the process to generally be followed before any structure is bulldozed.
At the same time, the bench clarified that illegal structures occupying public roads must be removed as per law and that there is no protection against such encroachments. “We will not protect any illegal structure obstructing public roads...that includes a temple also,” it remarked.
The court expressed its intention to issue national guidelines basis to ensure that the law is uniformly applied and that no one takes advantage of legal loopholes. The bench requested that all parties submit their suggestions for these guidelines, and the matter was scheduled for further hearing on September 17
“We propose to lay down some guidelines on a pan-India basis so that concern raised is taken care of. We appreciate the stand taken by the state of Uttar Pradesh. We find that it is appropriate that counsel for the parties can give suggestions so that court can frame guidelines which are applicable on pan-India basis,” the court recorded in its order. It asked the parties to submit their suggestions to senior advocate Nachiketa Joshi for collating them for the court’s consideration.
Jamiat Ulama-I-Hind, which was represented in the court by senior counsel Dushyant Dave, filed two petitions in the top court in April 2023 against the alleged practice of using bulldozers to pull down residential and commercial properties of persons suspected to be involved in criminal incidents such as riots.
The first petition, filed by advocate Kabir Dixit, urged the Supreme Court to issue appropriate directions to the Union government and all states that demolition cannot be used as a punitive measure against persons purportedly involved in crimes.
Jamiat’s second petition, filed by advocate MR Shamshad (now a senior advocate), specifically raised the issue of anti-encroachment and demolition drive at Delhi’s Jahangirpuri area, four days after a communal violence broke out in the locality on the day of Hanuman Jayanti, leaving eight policemen and one civilian injured. By its interim orders, the court restrained Delhi’s municipal body concerned from carrying out any demolition drive in riot-hit area until its further orders.
During a subsequent hearing in June 2023, the top court remarked that demolition of properties must take place in accordance with law and not as a retaliatory measure. It also sought replies from the state of Uttar Pradesh and municipal authorities of two of its cities where the allegedly illegal demolitions took place for participating in some protests.
