Bulldozer justice: India families still waiting for compensation

The practice had become commonplace: in 2022, authorities in five states bulldozed 128 structures in just three months “as punishment”, a report by Amnesty international shows, external.

In its order, which ran over 95 pages, the court came down heavily on the state governments, saying it cannot “become a judge and decide that a person accused is guilty and, therefore, punish him”.

Giving out such punishment “reminds one of a lawless state of affairs, where might was right”, the judgement added.

The court then issued a set of guidelines, which make it mandatory for authorities to give at least 15 days’ advance notice to an occupant before an illegal structure is torn down and to publicly explain the reason for the demolition. All public officials will also be personally held responsible under Indian laws if a demolition is carried out wrongfully, the judgement added.

Rights groups, lawyers and opposition leaders have hailed the order as a “turning point” in tackling the unfair practice that has gone unchecked for years. “Late is the hour in which these guidelines chose to appear – but better late than never!” said, external Delhi-based lawyer Gautam Bhatia.

Govind Mathur, a judge and former chief justice of a high court, agrees that the order does not mention anything about the victims, but adds that “doesn’t restrict any claim of compensation by such persons”.

“If an act is illegal, then the victim can always demand for compensation. The wrong committed will remain a wrong and the cost of that has to be paid by the wrong doers,” he says.

The order, Justice Mathur adds, is a “strong message for state machinery to not align with political bosses but to act in accordance with law”.