Strict SOP Issued, Bulldozers Can’t Demolish Homes Without Due Process

The Uttarakhand Urban Development Department has released a Standard Operating Procedure (SOP) following Supreme Court directions, making it mandatory for authorities to follow proper legal steps before carrying out demolitions. Under the new rules, no department can directly move bulldozers overnight without prior notice and hearings. All details of such actions will also be uploaded on a dedicated portal.

The SOP stems from several disputes over demolition drives that reached the Supreme Court. On 13 November 2024, the court issued an order outlining clear procedures for removing encroachments. However, the SOP does not apply to public spaces like roads, footpaths, rail tracks, or river areas where encroachments must be cleared immediately.

According to the new provisions, officials must issue a 15-day notice before any demolition. The notice must be sent via registered post, pasted on the concerned property, and informed to the District Magistrate’s office. A nodal officer will be appointed at the DM level to oversee the process. Occupants will also be given 15 days to remove encroachments on their own after a demolition order is passed. Cases pending in courts or under stay orders will be exempt.

Before demolition, authorities must prepare a detailed report signed by two witnesses, while the entire process will be videographed. The names of officers and staff present must also be recorded. A key provision states that if a demolition is later found to be unlawful or carried out despite a court stay, the responsible officer will personally bear the cost of reconstruction and compensation for damages.

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