Supreme Court Rejects Pleas Alleging Violation Of Its Guidelines On Bulldozer Action

The Supreme Court has refused to entertain contempt petitions filed before it alleging that demolitions are being carried out in violation of its November 2024 judgment laying down guidelines on bulldozer action.

A CJI Surya Kant led bench said such grievances should be raised before the concerned High Courts. The bench also comprising Justice Joymalya Bagchi and Justice V Mohana, observing that there will be different factual disputes involved in each case, took the view that the Supreme Court cannot go on adjudicating each claim on facts.

"We don't' understand...when this court has laid down the law..High courts and district courts are to follow that..," the CJI said.

ASG Aishwarya Bhati also opposed the petitions saying, "There are 21 cases listed before this court today...there will be separate factually inquiry in each case, even if three matters are detagged..there will be 18 matters..18 cases from all accross the country different instances.."

Responding to the submissions made before court by aggrieved parties, Justcie Bagchi said that "bulldozers have to be used" against rampant illegal constructions. "Yes, bulldozers need to be used when the rule of law is throttled by comfortable corruption between authorities and illegal encroachers. But in the guise of implementing law, there should not be characterisation of individuals. It runs against basic tenets.... The question is whether a person had authorisation and procedure of law was followed?" Justice Bagchi added.

Court noted that contempt cases before it raised "multiple questions of fact" which could not appropriately be decided in contempt proceedings before the Supreme Court. "We deem it appropriate to transfer the records of these proceedings to the concerned High Courts," the Court ordered, requesting the High Courts to call for relevant records.

In November 2024, the Supreme Court had ordered that no demolitions should be carried out without a prior show cause notice, and every local authority was directed to assign a digital portal within 3 months which shall contain the details of these notices issued.

Court had observed that Executive cannot become a JUDGE and decide that a person is guilty and therefore punish him by demolishing their house. Former Justice BR Gavai further had said, "Such acts of the executive have to be dealt with heavy hand of the law". He further held that an authority cannot be permitted to take away the shelter of an entire family only on the ground that one person residing in the house is accused of a crime.

In a recent case, Supreme Court had refused to entertain a petition filed against the demolition drive in Gurugram by some aggrieved residents. A CJI Surya Kant led bench asked the petitioners to approach the Punjab and Haryana High Court instead. The bench also comprising Justice Joymalya Bagchi disposed of the plea, granting liberty to the petitioners to make an urgent mentioning before the high court during the course of the day. The Haryana officials had launched an anti-encroachment campaign against unauthorized constructions and encroachments across urban areas, beginning with Gurugram.

Supreme Court was further told that the administrative directive triggering the demolitions fails to cite any statutory provision authorizing such action and does not define what constitutes encroachment in the decades-old residential sectors.

Case Title: IN RE: DIRECTIONS IN THE MATTER OF DEMOLITION OF STRUCTURES Vs

Bench: CJI Kant, Justice Bagchi and Justice Mohana

Hearing Date: 16 July, 2026