Bulldozer Justice:'A house cannot be demolished if there is an accused, the administration should not become a judge'; SC's clear statement on bulldozer action
The Supreme Court has expressed its displeasure over the bulldozer action. The court made a strict comment and said that a house is like a dream for any family. One's house is his last security. A notice should be sent to the house owner by post. Compensation should be given for breaking the house wrongly. There can be no bias in the bulldozer action.
Jyoti Pandey
INTRO
- One's home is his last security: Court
- Compensation should be given for wrongful demolition of house: Supreme Court
Supreme Court on Bulldozer Justice. Supreme Court has taken a tough stand on Bulldozer Action. Court made strict comments on this matter and gave instructions to all the states.
The court said that plastic cannot be made only on the birth of a newborn at home, a case cannot be filed without blaming anyone. Administration cannot become a judge. Stomato was found in a home crate illegally. Officers taking illegal action will be arrested. Hearing cannot be done without hearing anyone's side.
Opportunity should be given to remove illegal construction: Court
The court further said that information about the notice should be given to the District Officer (DM). Opportunity should be given to remove illegal construction. Information should be given in the notice as to how the house is illegal. Notice should be given as per the rules of the local municipal corporation.
There should be no bias in bulldozer action: Court
While reading the verdict, the court said, "The names of the officers present in the action should be recorded. Also, videography of illegal construction should be done.
A home is like a dream for any family. One's home is his last security. A notice should be sent to the house owner by post. Compensation should be given for breaking the house wrongly. There can be no bias in bulldozer action. Taking away someone's home is a violation of fundamental rights. Bulldozer action shows the fear of the absence of law. Officials cannot work arbitrarily - Supreme Court
Bulldozer action should be taken in the presence of nodal officer: Court
The court said that if there is only one accused in a case, then why should the whole family be punished by demolishing the house. The house cannot be taken away from the whole family. While giving the verdict, the court said that the DM of every district will appoint a nodal officer for the demolition of any structure in his jurisdiction.
The court further said that the nodal officer will ensure that the concerned people get the notice on time. At the same time, the reply to the notice should also be received on time. Under any circumstances, the bulldozer process should be done only in the presence of the nodal officer.
