Supreme Court orders demolition rules with legal consequences for violations

The Supreme Court has issued a series of directives regulating the demolition of unauthorized structures across the country. The court warned that any violation of these directives by public servants would result in criminal contempt and prosecution. The decision comes in response to several petitions alleging that the state authorities demolished the buildings without proper notice.

The bench of Judges BR Gavai and KV Viswanathan issued these directives under Article 142 of the Constitution. In a temporary order issued Sept. 17, a Hawaii-led judicial panel halted all demolitions nationwide, except as permitted. The court expressed disapproval of the heroization and glorification of the bulldozer’s actions.

The Supreme Court emphasized that even arbitrary construction is subject to demolition according to law. State authorities cannot resort to the destruction of the accused’s property as an additional measure of punishment. To ensure this, the court issued several pan-India directives.

One of the key directives is that no demolition will be carried out without prior notice of the reason. This notice is returnable in accordance with the period prescribed by local municipal laws or within 15 days from the date of service of such notice, whichever is later. The notice will be sent to the owner/occupant by registered post, in addition to being affixed to the exterior of the relevant structure.

As soon as the show cause notice is served, the notice will be emailed to the office of the Collector/District Magistrate. An auto-generated reply acknowledging receipt of the letter should also be sent from the office of the Collector/District Magistrate. The notification must contain information about the nature of unauthorized construction, information about a specific violation, grounds for demolition and a list of documents that the person who notified must submit together with the answer.

The notice must also state the date on which the personal hearing is scheduled and the designated authority where the hearing will take place. Minutes of such hearing will also be recorded. Within three months, each municipal and local authority will designate a separate digital portal where details of service/posting of notice, reply, show cause notice and order accepted will be available.

After the hearing, the authorized body issues a final order. The final order must include an explanation of why extreme demolition is the only option available and other options, such as consolidation and demolition of only part of the property, are not available. The demolition order will not be enforced for 15 days and will be displayed on the digital portal.

The owner/individual must be given the opportunity to remove or demolish the arbitrary construction within 15 days. Only after the expiration of 15 days from the date of receipt of the notice and the owner/occupant has not removed/demolished the self-imposed structure, and if this has not been stopped by any appellate authority or court, the relevant authority will take steps to demolish it.

Before demolition, the relevant authority must prepare a detailed inspection report signed by two witnesses. The demolition will be videotaped and the concerned authority will also prepare a demolition report. Store the video properly. The demolition report should be sent to the Municipal Commissioner via email and will also be displayed on the digital portal.

Supreme Court warned that violation of any of the directions will lead to contempt of court proceedings. The officials should also be advised that if it is found that the demolition has been carried out in violation of the orders of the Supreme Court, the concerned official will be held responsible for the return of the demolished property at his own expense in addition to damages.

The Supreme Court clarified that these directions will not apply where there is an unauthorized construction in any public place such as a road, street, footpath, adjacent railway line or any river or water body and in cases where there is an order to demolitions made by the court.

The Supreme Court directed this office to send a copy of its judgment to the chief secretaries of all states and union territories and to the chief registrars of all high courts. “All state governments should issue circulars to all district magistrates and local authorities informing them of the directions issued by this court,” it added.