2 weeks Ago By TOI News Desk
NEW DELHI: The Supreme Court on Wednesday called out the illegal demolition of homes conducted under the pretext of road widening by the Uttar Pradesh government. The court called the state’s actions “high-handed” and “without authority of law,” directing the government to pay Rs 25 lakh as punitive compensation to each affected family. The bench, led by Chief Justice DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, highlighted that the state cannot bulldoze through citizens' rights without adhering to due process.
"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," said Justice Pardiwala during the hearing.
In addition to compensation, the court instructed Uttar Pradesh's chief secretary to initiate a disciplinary inquiry against the officials responsible for the unlawful demolitions. This directive came during the hearing of a suo motu case from 2020, triggered by a letter from Manoj Tibrewal Aakash, whose home was demolished in 2019. Aakash claimed that his property was razed without prior notice, ostensibly due to alleged encroachment on a highway.
When state authorities argued that the petitioner had encroached on public land, Chief Justice Chandrachud questioned the proportionality of their response. "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...
" the Chief Justice said. The bench found that authorities bypassed the standard legal protocols, citing affidavits that confirmed no formal notice was issued. Instead, residents were reportedly informed of the demolition through loudspeakers on-site, a move the court found inadequate and arbitrary.
"You can’t just beat a drum to tell people to vacate their homes and then proceed with demolition. There has to be a proper notice," the bench added. A report by the National Human Rights Commission (NHRC) submitted to the court revealed that the extent of demolition far exceeded the alleged encroachment, further highlighting the lack of oversight and procedural fairness in the state’s actions.
Issuing guidelines for all states and Union Territories, the Supreme Court outlined the steps that must precede any removal of encroachments for road widening projects. Authorities are now required to determine the current road width, formally notify residents of any encroachment, and allow them an opportunity to raise objections. Any adverse decisions must be supported by reasoned orders, providing affected residents with adequate time to vacate.
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