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क्या पुलिस के द्वारा बुलडोजर से किसी के घर को गिराया जा सकता है ? | Can Police Bulldoze any house ?Akhilesh Jha, IPS, Ex- DIG
#bulldozer #bulldozed #legalawareness #police #housedemolition #demolition #supremecourt #highcourt #ajiasacademy

Why is it in the news?
Guwahati HC was very much aghast at the bulldozing of the house.
He told the police that you can prosecute a person if he commits a crime but you can damage the house of the accused by Bulldozer
What are the laws in this regard
There is no basis in Indian law for the authorities to demolish buildings of people accused of participating in riots
u/s 146 (rioting), 153 A ipc (promoting enmity between groups) the police can file an FIR, arrest people and prosecute them
u/s 15 A of MP Police regulation, if any area has been proclaimed disturbed or dangerous on account of the conduct of the inhabitant of such areas and if death, grievance hurt loss or damage to property has been caused by the misconduct of the habitat of such areas, the victim can claim compensation for the injury of damage by putting forth application within one month before the authorities and it shall be lawful for the magistrate to fix the amount of compensation to be paid to such person, access the proportion in which the same shall be paid by the inhabitants of such area. Thus this section stands for collective compensation.
Even under AFSPA operating North Eastern region, no house can be raised to the ground unless it has become necessary for the police officers to bombard that house which is being used by terrorist as hideout. And even after warning they are not coming out from that house.
States can also pursue civil claims. States like UP and MP have a specific law for recovering damages caused to public and private properties due to riots
The state has the power to demolish buildings. There are various steps before a demolition. The process is to send a notice to the accused, to give the accused a chance for the fair hearing and getting an order from an competent body
If an accused has house on government land, the government can evict/demolish the illegal construction under Madhya Pradesh Land revenue code 1950
But even under this act, government is bound to give reasonable opportunity to the affected parties of being heard according to the judgement of the Madhya Pradesh HC
Madhya Pradesh Municipal corporation act 1956 also requires a proper notice the chance to reply and the right to approach the court

Conclusion
Arbitrary punishment to the people by executive still not held guilty by the court of law is a rising trend in India
Governments has become complainant’s prosecutors and adjudicators at one go
Punishing people without any proceedings is like floating rule of law and principle of presumption of innocence and due process of law
These three principles are fundamental principles of our democratic values