Allahabad High Court split verdict on bulldozer demolitions
This topic is relevant to GS2 as it deals with judicial oversight of executive actions, fundamental rights, and the extent to which High Courts can prescribe safeguards regarding administrative property demolitions.
Notes
A Division Bench of the Allahabad High Court delivered a split verdict in a petition seeking protection against anticipated administrative 'bulldozer action' (demolition of residential and commercial properties).
The core judicial question contemplated by the Bench was whether a High Court can prescribe additional safeguards against demolition beyond those already laid down by the Supreme Court of India.
Following a split verdict due to a difference of opinion between the two judges of the Division Bench, judicial procedure dictates referring the matter to the Chief Justice of the High Court to be placed before a third judge.
The petitioners argued that administrative action targeting their residence and livelihood sources (a saw mill and a lodge) was linked to an FIR registered against a relative under the POCSO Act and the UP Prohibition of Unlawful Religious Conversion Act, despite the accused holding no ownership interest in the properties.
The State submitted that the demolition action was unrelated to the criminal FIR and was based strictly on municipal and land regulations regarding alleged unauthorized construction on Irrigation Department land without approved building plans.
Questions
The principles of natural justice and due process form the bedrock of administrative action in India. Discuss the constitutional safeguards available to citizens against arbitrary executive action involving property demolitions.150 words
Examine the procedural mechanism followed in Indian High Courts when a Division Bench delivers a split verdict. Further, analyze how judicial oversight ensures a balance between executive enforcement of municipal laws and the fundamental rights of individuals.250 words
Prelims
In the context of judicial procedure in Indian High Courts, what is the course of action when a two-judge Division Bench delivers a split verdict?
The petition is automatically dismissed due to a lack of majority consensus.
The matter is referred to the Chief Justice of the High Court for placement before a third judge.
The case is mandatorily transferred to the Supreme Court of India for final disposal.
The judgment rendered by the senior judge on the Bench prevails as the binding decision.