Bulldozed due process: Courts must step in and stop state/local authorities from ignoring basic principles

Context: Bulldozers continued to raze alleged encroachments in Delhi’s Jahangirpuri – scene of rioting on Saturday – yesterday, forcing Supreme Court to expeditiously communicate its stay order to North Municipal Corporation of Delhi.

Constitutional courts located in national/state capitals must respond fast enough to such localised cases of overreach.

Why state action in this case is unjustified?

Razing of homes and shops hurts entire families.

Due process not followed: Even if there are family members who allegedly rioted or even if structures are illegal, there’s due process – innocent until proven guilty and adequate notice, respectively – to be followed.

Moreover, Delhi has many other illegal encroachments. So, singling out Jahangirpuri is not proper.

In terms of legality, the MCD Act has clear provisions:

– Under Section 317 the Commissioner is supposed to issue notice to remove projections (structures or fixtures) onto streets,

– Section 343 allows demolition of buildings with a minimum notice period of 5-15 days.

– Only Section 322 doesn’t require issuing notice, because it involves removing temporary structures like stalls encroaching into public streets. There’s also an appellate tribunal under the Act to hear appeals against notices.

Against natural justice: Further, those who faced demolitions in Delhi and MP got no time to appeal, contravening principles of natural justice.

Against the principles set by the Supreme Court of India: Under the sanctity SC has accorded to fair, just and equitable procedure since 1978, even demolishing temporary structures like a juice stall or a ragpicker’s shed that support livelihoods without notice, cannot evade this due process.

Source: This post is based on the article “Bulldozed due process: Courts must step in and stop state/local authorities from ignoring basic principles” published in The Times of India on 20th Apr 22.