The Supreme Court of India, on Wednesday, slammed the Uttar Pradesh government for the illegal demolition of the house of a petitioner in 2019 and ordered the state to pay a compensation of Rs 25 lakh to the petitioner.
The demolition, which was carried out in Maharajganj district, was part of a road widening project. Petitioner Manoj Tibrewal Aakash, whose house was demolished without any prior notice, had filed a plea against the action in 2019 and alleged that the demolition was a retaliatory action for a report he published on the alleged wrongdoings of UP authorities. The demolition, which affected 123 other constructions in the area, was reportedly communicated to the residents only through loudspeakers and public announcements. The apex court deemed the demolition “completely high-handed and without the authority of law.”
“This is completely high-handed! Where is the due process followed? We have the affidavit that says no notice was issued, you only went to the site and informed the people through a loudspeaker,” the court said.
The court in Wednesday’s hearing pointed out the state's failure to provide information about the exact extent of encroachment or the width of the notified highway, before proceeding with the demolitions. According to the National Human Rights Commission (NHRC), the petitioner’s alleged encroachment amounted to a mere 3.7 square meters, which the court found insufficient to justify the destruction of an entire home.
“You say that he was an encroacher of 3.7 sq meters. We take it, we are not giving him a certificate for it. But how can you start demolishing people's houses like that? This is lawlessness..walking into somebody's house and demolishing it without notice,” CJI Chandrachud said in response to the State’s claim that Manoj had encroached on public land.
The bench comprising CJI D.Y. Chandrachud, Justices J.B. Pardiwala, and Manoj Misra slammed the authorities for failing to provide adequate time for families to vacate. “You can't just with the beat of a drum tell people to vacate houses and demolish them. There has to be proper notice. ” Justice Pardiwala said.
"You can't come with bulldozers and demolish houses overnight. You don't give time to family to vacate. What about the household articles? There has to be due process followed," he added.
The court has asked the Uttar Pradesh Chief Secretary to conduct a thorough inquiry into the matter and take disciplinary action against the officials responsible for the illegal demolition. The court also ordered that the directions must be implemented within one month.
The judgment has been widely seen as a rebuke to the UP authorities' approach to land acquisition and public safety, with the Court making it clear that no government action, even for development projects, can trample on individuals' rights without following the due process of law.
