New Delhi: No demolition should be carried out without 15-day notice to the owner of the property, the Supreme Court directed on Wednesday while laying down guidelines for action against illegal construction and encroachments across the country
The notice, to be served through registered post and fixed on the outer portion of the structure, must contain nature of unauthorised construction, details of specific violation and grounds for demolition, the top court ordered. Also, the demolition has to be videographed.
Any violation of the guidelines will invite contempt, with the court directing that district magistrates are to be made accountable for monitoring compliances.
“Rule of law and the rights to citizens against arbitrary action of the executive. Legal process can’t condone such action… Rule of law mandates against arbitrary action. Violations can promote lawlessness, and the protection of civil rights is essential for protecting constitutional democracy,” a bench of justices BR Gavai and KV Vishwanathan said.
The bench also spelt out that the executive cannot replace the judiciary in performing the latter’s core functions.
“If the executive takes the role of a judge and orders demolition of a house without following the process of law, it is violative of the rule of law. The state cannot take arbitrary action against the accused or convict without following the due process of law,” the court said.
SC DIRECTIVES ON DEMOLITIONS AT A GLANCE
* Only structures which are found to be unauthorised, and not compoundable, will be demolished.
* No demolition to be carried out without advance notice to the owner; notice must be prominently displayed on the structure.
* Showcause notice must be issued 15 days in advance.
* Notice must specify reason for demolition and date of hearing.
* Digital portal to be created within 3 months to provide details of the notice and date it was publicly displayed near the structure.
* Order must explain why the extreme step of demolition is necessary.
* Order will not be implemented for 15 days from the date of receipt to allow the owner/occupier to remove unauthorised construction.
* Date for a personal hearing must be given, and the hearing must record the submissions of the owner.
* It must also determine whether the offence is compoundable or if partial demolition is possible.
* An auto-generated email must be sent to the Collector/District Magistrate as soon as the notice is issued to prevent backdating.
* Email IDs must be created by all District Magistrates.
* A detailed spot report must be prepared, and a detailed video recording of the demolition, including police and officials present, must be made.
* The report must be displayed on the portal.
* Violation of these directions could lead to prosecution for contempt or other legal action.
* Concerned officials will be held responsible for the restitution of property if these guidelines are violated.