Bulldozer Justice and Due Process

"Bulldozer justice" is not a legal term of art; it is a civic shorthand for a pattern: demolitions that appear to operate as instant punishment, often following allegations of crime or public disorder, and frequently against homes or shops of people who have not been tried—sometimes not even charged.

- TDG NETWORK

The constitutional problem is not that unlawful constructions must never be removed; it is that punishment cannot be outsourced to municipal law without due process.

That distinction sits at the heart of the Supreme Court’s November 13, 2024 decision in In Re: Directions in the matter of demolition of structures, where the Court confronted allegations that demolitions were being weaponized as an executive response to criminal accusations. The Court noted that while in some cases it may be coincidence that an accused person's property violates municipal norms, selective targeting—where one structure is suddenly demolished while similarly situated neighboring structures are untouched—can make mala fides “loom large.” In such circumstances, the Court said, a rebuttable presumption could arise that the real motive is to penalize without trial, and authorities must satisfy the court that the action is truly about illegality, not retribution.