Mandatory adherence to Supreme Court guidelines on due process and notice before undertaking any demolition activity.

The Petitioner, Yash Seth, filed a writ petition under Article 226 of the Constitution of India seeking to restrain the Gwalior Municipal Corporation (Respondent No. 3) from interfering with his peaceful possession and constructing a road over his property

The Petitioner alleged that the Corporation arbitrarily demolished a boundary wall on his land without prior notice or an opportunity for a hearing

On December 19, 2019, the High Court passed an interim order directing the maintenance of status quo, which remained in force during the pendency of the petition

The Respondent Corporation admitted that while the boundary wall was initially demolished, no further construction or demolition occurred due to the interim order

The Court primarily relied upon the mandatory guidelines issued by the Hon’ble Supreme Court in In Re: Directions in the matter of demolition of structures, Writ Petition (Civil) No. 295 of 2022 (2024 SCC OnLine SC 3291)

This precedent, exercising powers under Article 142 of the Constitution, established that no demolition should be carried out without a prior 15-day show-cause notice, a personal hearing, a reasoned final order, and a 15-day window for the affected party to seek judicial/appellate scrutiny after the final order is passed

The Court noted that the initial demolition of the boundary wall was conducted without following due process

However, since an interim status quo order had prevented further structural changes or road construction, the immediate grievance regarding ongoing demolition was mitigated

The Petitioner sought protection against future arbitrary actions, and the Respondent Corporation submitted that it would comply with the law in any future endeavors

By applying the Supreme Court’s "Bulldozer Justice" guidelines, the High Court determined that the Respondent's future right to construct the road is contingent upon strict adherence to the procedural steps of notice, hearing, and documentation (video-graphing) to ensure that state power is not exercised arbitrarily against the citizen’s property

No demolition may proceed unless the Corporation complies with the 15-day notice period and hearing requirements specified therein