The Supreme Court ruled that the demolitions have to be done with 15 days notice and also legal sanctions. The officers in the state cannot demolish houses in the name of illegal occupations without prior notice.
The local magistrate must also know about the demolitions first.
“It is everyone’s dream to have a home, a courtyard. No one wants to lose the dream for a home.”The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where ‘might was right’,” it said, adding that such “high-handed and arbitrary actions” have no place in our Constitution.
The court noted in its order that for an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. “A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future.
Having a house or a roof over one’s head gives satisfaction to any person. It gives a sense of dignity and a sense of belonging. If this is to be taken away, then the authority must be satisfied that this is the only option available,” it said.
In one of his judgments, Lord Denning had said, “The poorest man may in his cottage bid defiance to all the forces of the Crown. It may be frail – its roof may shake – the wind may blow through it – the storm may enter – the rain may enter – but the King of England cannot enter – all his force dares not cross the threshold of the ruined tenement.’ So be it – unless he has justification by law.”
