Several petitioners, including Jamiat Ulema-e-Hind, brought appeals to the Supreme Court against the 'bulldozer actions' taking place in various states across the country. Today, the Supreme Court delivered its verdict, establishing guidelines for such actions. The judgment stated that using bulldozers for justice is not suitable for any civilized system. Following this decision, ongoing 'bulldozer actions' in Uttar Pradesh and other states have been halted.
So, let's understand the actual demolition rules in UP...
* Authorities in Uttar Pradesh operate demolitions under Section 27 (1) of the UP Urban Planning and Development Act, 1973.
* It states that if any development has been initiated or completed in violation of the master plan or without permission, approval, or sanction, the authority's vice-chairman may direct that such development be removed within a period of no less than 15 days and no more than 40 days from the date of issuance of the removal order's copy.
* Any aggrieved person can appeal against the order within thirty days to the authority's chairman. The chairman's decision on the appeal shall be final.
Want to know more? Where will the bulldozers act, where will they be halted? See 28 amazing insights from the Supreme Court ruling.
* The 1973 Urban Planning and Development Act has been applicable in Uttar Pradesh since then. This law explains which building can be demolished or removed, what the process is before demolishing a house, and what options are available to the house owner. All these are outlined in Section 27 of this law.
* Section 27 specifies that any house, residence, or developmental work undertaken in violation of the master plan, without approval, or in breach of any condition, may be ordered for demolition or removal by the administration.
How will this be executed?
The administration may proceed with bulldozers to demolish such a house or remove part of it, or it may refill any excavation that has been done, or the person responsible for the work may opt to remove it themselves.
* Once an order to demolish or reduce a house, building, or illegal construction is passed, this task must be completed within 15 to 40 days.
* The law also states that the entire expenditure of this action shall be recovered from the owner or the one responsible for the task. This recovery cannot be challenged in any civil court.
What are the owner's options?
* Unilateral actions are not permissible. A 'show cause' notice is issued to the owner of the building or development work subject to a demolition order.
* Within 30 days of the order's issuance, the property owner can appeal to the authority's chairman. The chairman can amend the order post-hearing or cancel it entirely. In all cases, the chairman's decision is final.
What did the Supreme Court say today?
Supreme Court
on November 13 stated that arbitrary bulldozer actions are intolerable. Officials cannot act whimsically. If only one person is accused, why should the entire family face punishment by losing their home? The home cannot be confiscated from an entire family. Government powers should not be misused. The punishment for a crime is not demolition.
The court mentioned that guidelines ensure a 15-day grace period for bulldozer actions. A nodal officer must send a notice 15 days prior. The notice must be sent correctly and affixed to the construction site.
The Supreme Court noted that suggestions from experts were considered, and the order was issued after hearing all parties. It is essential for the rule of law to prevail. Bulldozer actions should not be biased. Compensation should be available for improper demolition.
