Allahabad HC judge criticises states over continued ‘bulldozer’ demolitions

State governments have continued to demolish the homes of people accused of crimes despite Supreme Court directions against such punitive action, Justice Atul Sreedharan of the Allahabad High Court said in a judgment delivered on July 20.

Justice Sreedharan said such actions were carried out “with impunity” and were “largely to satiate the perceived blood lust” of a society “fed on a staple diet of bulldozer justice” through electronic media, social media and messaging platforms.

“The demolitions continue with impunity as though these judgments do not exist, or the State is certain that the defiance towards the law laid down by the highest Court of the land shall not visit them with any adverse consequences,” the judge said.

The observations came in a case involving a family’s allegation that authorities took punitive action against their properties after one of their relatives was booked under the Protection of Children from Sexual Offences (POCSO) Act.

The matter was heard by a division bench comprising Justice Sreedharan and Justice Siddharth Nandan. The judges delivered separate opinions after Justice Nandan disagreed with Justice Sreedharan on certain proposed directions aimed at preventing punitive action by the State in such cases.

Justice Sreedharan opened his judgment with an Urdu couplet by poet Bashir Badr:

“Loug toot jaate hai ek ghar banane main,

Tum taras nahi khate bastiyan jalane main.”

“People face ruination in just making a home,

and you feel no remorse setting ablaze entire settlements”.

The judgment also examined the Supreme Court’s ruling on so-called bulldozer demolitions and the right to livelihood.

“There is a nexus between poverty, unemployment and migration of citizens from rural areas and semi urban areas of the country to the larger cities which leads to creation of unauthorised colonies and ghettos which get marked for demolition one fine day after decades of their existence,” Justice Sreedharan said.

He added that homes and gated communities owned by wealthier people were often spared scrutiny because of “wealth and/or bureaucratic and political patronage” as well as “the ubiquitous and all pervasive culture of corruption that has been normalised and institutionalised in India.”

The judge said a significant number of homes in India could be in violation of municipal laws.

“No dwelling place comes up overnight. The authorities who have the duty to ensure that such structures do not come up, close their eyes deliberately on account of political or bureaucratic support that the builder has or out of dishonest,” he said.

Commenting on corruption and institutional integrity, Justice Sreedharan referred to the recent controversy over the alleged theft of donations at the Ram Temple.

“The recent controversy relating to the theft of donations at the Ram Temple is the proverbial last straw on the camel’s back. Nothing can shame a people who remain unfazed by the theft at the Ram Temple which epitomises the nadir of the Indian’s integrity,” he said.