What is the due process of law that should be followed in demolitions?

The Supreme Court on Thursday asked the Uttar Pradesh government to follow the due process of law as far as demolitions are concerned.

With the Supreme court on Thursday asking the Uttar Pradesh government to follow the due process of law as far as demolitions are concerned, India Today takes a look at what the provisions are and what the apex court has said in its rulings in the past.

Under the statute of municipal corporation, which are different for different states, government can demolish someone’s private property if the property is an unauthorised construction on government land, buildings that encroach on someone else’s property, or structures that violate regulations.

Uttar Pradesh authorities carry out demolition under Section 27(1) of the UP Urban Planning and Development Act, 1973. The Act states that "Where any development has been commenced or is being carried on or has been completed in contravention of the Master Plan or without the permission approval or sanction, the Vice-Chairman may make an order directing that such development shall be removed by demolition within such period not being less than 15 days and more than 40 days from the date on which a copy of the order of removal was issued."

(2) Any person aggrieved by an order may appeal to the Chairman against that order within thirty days. The decision of the chairman on the appeal, shall be final and shall not be questioned in any Court.

Rule 12 of the Madhya Pradesh Bhumi Vikas Rules 1984 specifies that a notice needs to be sent to any person whose property violates the rules. The recipient of the notice must also be given 10 days to either leave or to make the building comply with the rules.

Section 343 of the Delhi Municipal Corporation Act 1957 also provides for a notice to be served ahead of demolishing any building that has been constructed illegally, without sanction, or in violation of building bylaws. Commissioner can order the owner or occupant to demolish the building within five to 15 days. Failing this, the Commissioner may himself order the demolition of the structure.

The rule also makes it clear that anybody aggrieved by the Commissioner’s order can file an appeal in the Appellate Tribunal within the period specified in the demolition order. When such an appeal is filed, the tribunal can also stay the enforcement of the order.