The Supreme Court of India issued a set of comprehensive guidelines aimed at standardizing the procedure for demolishing illegally constructed and encroached properties across the country. This directive is significant as it ensures greater transparency, accountability, and adherence to the rule of law in what has been a contentious area, with allegations of arbitrary demolitions and lack of due process in various states. Under the new guidelines, authorities are now required to provide a mandatory 15-day notice period to property owners before initiating any demolition. This period allows the affected parties an opportunity to present their case, seek legal recourse, or make arrangements to avoid abrupt displacement.
In addition to the notice period, the Court mandated that the entire demolition process must be recorded on video. This requirement aims to create a permanent record of the procedure, which can be used as evidence in case any grievances arise and helps ensure that the authorities conduct the demolition within legal boundaries. The video documentation is intended to deter arbitrary demolitions, as it requires officials to operate in a transparent manner and reinforces accountability in enforcing land-use laws.
The guidelines reflect the Court’s acknowledgment of recent public concerns over demolitions that were seen as punitive or politically motivated, particularly in cases where entire communities or individuals were displaced without adequate notice or fair assessment. By enforcing these measures, the Court seeks to protect the rights of property owners while allowing state and local authorities to maintain their power to remove illegal structures in a lawful manner. The directive will be uniformly applied across all states and municipal jurisdictions, impacting a wide range of demolition cases and ensuring that standard procedural safeguards are in place nationwide. This move underscores the Supreme Court's commitment to a balanced approach that safeguards both civic order and individual rights.
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