Supreme Court (SC) issues Pan-India guidelines to halt illegal demolition of private property

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Underlining the principle of ‘Separation of Power’, SC used extraordinary powers under Article 142 to issue these guidelines.

However, these guidelines and protection do not extend to encroachments into public land or unauthorized structures.

Concerns regarding illegal demolition of private property

Against Principle of Natural justice, Due process of law and Rule of Law: in case of demolition of house by state based on mere accusation
Violation of Fundamental Right: E.g. ‘Right to Shelter’ under Article 21

Prior Notice: demolition should be served to house owner by registered post with details of the nature of the unauthorized construction, details of specific violations, etc.
- In case of unauthorized construction, a 15 days’ notice must be given to the residents to remove the unauthorized construction or to find another place to live in.
Opportunity of Personal Hearing must be given to the accused by the designated authority.
Personal Liability of Officials for violation of the Court’s order.
Videography and Due Report: Demolitions must be recorded on video and be produced as evidence in case of challenge to its legality. A report on actual demolition must also be placed before the Municipal Commissioner.

As per French Jurist Montesquieu, ‘Separation of Power’ means that ” The three organs of the Government i.e., Legislative, Executive and Judiciary should work independently and there should be no overlap between the powers of these organs”.
USA follows strict separation of power, however it is not that strict in India as executive is derived from legislative.