Key points of SC guidelines on demolition of properties

*SC declares ‘Bulldozer Justice’ unconstitutional; says executive can’t demolish properties only on the grounds that someone is accused or convicted of a crime

*Says it will be wholly unjust if state demolishes such properties without following due process of law; lays down detailed guidelines

*Clarifies that its order won’t apply to unauthorised structures on roads, streets, footpath or those abutting railway line or river/water bodies

*No demolition without a 15-day prior show-cause notice or notice as provided under local municipal laws, whichever is later

*Notice to be served on owner/occupier by a registered post and also to be affixed conspicuously on outer portion of structure in question

*15-day time to start from date of receipt of notice

*As soon as show-cause notice is served, intimation has to be sent to Collector/District Magistrate’s office digitally by email

*An auto-generated reply/acknowledging receipt of the mail has to be issued from Collector/District Magistrate’s office

*Collector/DM to designate a nodal officer and assign an email address and communicate the same to all municipal/other authorities in charge of building regulations and demolition within a month from today

*Notice to contain details as to the nature of unauthorised construction, specific violation and grounds of demolition

*It should mention list of documents noticee is required to furnish along with his reply

*Notice should specify date on which personal hearing is fixed and designated authority before which it will take place

*Every municipal/local authority to assign a designated digital portal within three months wherein details regarding service/pasting of notice, reply, show-cause notice and order passed thereon would be available

*Designated authority shall give an opportunity of personal hearing to affected persons and minutes of such hearings shall be recorded

*Upon hearing, designated authority shall pass final order containing contentions of noticee, and reasons given by designated for disagreeing with noticee

*If unauthorised construction is compoundable or not and reasons thereof

*If designated authority finds that only part of construction is unauthorised/non-compoundable, then details thereof have to be given

*Designated authority has to give reasons as to why demolition is the only option and other options such as compounding and part demolition were not available

*Irrespective of if law provides for an appellate opportunity and time for filing appeal, demolition order can’t be implemented for 15 days from date of receipt of it

*Demolition order shall be displayed on digital portal created for the purpose

*An opportunity has to be given to owner/occupier to remove unauthorised construction or demolish it in 15 days

*Only after the expiry of 15 days from the date of receipt of notice and if owner/occupier has not removed/demolished unauthorised construction, and it has not stayed by an appellate authority/court, authority concerned shall demolish it

*Only constructions found to be unauthorised and not compoundable shall be demolished

*Before demolition, a detailed inspection report shall be prepared by authority concerned signed by two Panchas

*Demolition proceedings shall be video-graphed and authority concerned shall prepare a demolition report giving list of participating police officials, civil personnel and video recording has to be duly preserved

*Demolition report should be forwarded to Municipal Commissioner by email and shall be displayed on digital portal