If a bulldozer troubles you, then keep these 10 things of the Supreme Court in mind...
The Supreme Court has issued new rules strictly prohibiting bulldozer action without notice. The court has ruled that demolishing someone's property merely on the basis of allegations against him is illegal and is a violation of fundamental rights. These guidelines of the Supreme Court include conditions such as the necessity of notice, opportunity to appeal, uploading notice on a digital portal, personal hearing, and videographic record of the proceedings. In case of wrong action, the officer will have to compensate from his salary.
INDC Network : Uttar Pradesh : The Supreme Court of India has banned bulldozer action without proper notice and issued strict guidelines for the process. This decision of the Supreme Court is to make the process of any demolition across the country transparent and protect fundamental rights. Here is a look at the 10 key guidelines laid down by the court:
1. Opportunity to appeal: A person must be given a reasonable opportunity to appeal against the demolition order. They can put forward their case within this period so that they have legal options available.
2. Compensation for loss: In case of wrong action, the concerned officer will have to compensate the loss from his salary. This will ensure accountability of the officers and discourage unnecessary bulldozer action.
3. Notice is mandatory: No bulldozer action will be taken without a show cause notice. It is mandatory to send the notice by registered post and paste it on the concerned property.
4. 15 days' time: It will be necessary to give 15 days' time after issuing the notice before starting the demolition action, so that the affected persons can make proper preparations.
5. Statement of cause: The notice must clearly state the cause of action. In addition, the person must be given an opportunity to be heard so that they can present their side of the story.
6. DM's approval and determination of nodal officer: As soon as the notice is issued, the District Magistrate (DM) will also have to be informed about it. The DM will be the nodal officer in this process.
7. Establishment of digital portal: A digital portal should be created in the next three months, where all demolition notices and orders will be displayed publicly.
8. Opportunity for personal hearing: The person receiving the notice will be given an opportunity for personal hearing. A minute-wise record of all the information during this will be kept.
9. Final warning and opportunity: After the final order, the owner will be given an opportunity to remove the illegal construction himself within a period of 15 days. It will be ascertained whether this is the last option or not.
10. Videography of proceedings and witness reports: Videography of the entire demolition proceedings will be mandatory. Apart from this, a detailed inspection report signed by two panchas (witnesses) will be prepared, which will bring transparency in the proceedings.
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