SC pulls UP authorities for 2019 illegal demolition

Pulling up the Uttar Pradesh Government authorities for illegal demolition of houses for road widening in Maharajganj district in 2019, the Supreme Court on Wednesday ordered it to pay a compensation of Rs 25 lakh within a month to a man whose house was demolished.

Terming it a 'high-handed' action', a Bench led by CJI DY Chandrachud directed the state’s Chief Secretary to conduct an inquiry into the matter and said the state was at liberty to initiate criminal and disciplinary proceedings against the officials responsible for it.

Noting that it was an interim compensation, the Bench said it would not come in the way of the petitioner initiating other legal proceedings to claim further compensation.

The Bench laid down guidelines for carrying out road-widening. It said all states must ascertain existing width of the road by carrying out a survey, issue formal notices if any encroachments are found, and give an opportunity to the affected persons to raise objections and thereafter the authorities have to pass a reasoned order with sufficient time allowed for residents to vacate.

It directed the top court’s Registry to circulate a copy of the judgment to all states/Union Territories for necessary action.

"How can you start demolishing people's houses like that? This is lawlessness…Walking into somebody's house and demolishing it without notice...This is completely high-handed! Where is the due process? We have the affidavit that says no notice was issued, you only went to the site and informed the people through loudspeaker," the CJI said, refusing to adjourn the proceedings.

“You can't come with bulldozers and demolish houses overnight. You don't give time to the family to vacate. What about the household articles? There has to be due process followed," said the Bench which also included Justice JB Pardiwala and Justice Manoj Misra.

The order came on a suo motu petition registered in 2020 on the basis of a complaint letter by one Manoj Tibrewal Aakash of Maharajganj, whose house was demolished in 2019.

The top court took note of the fact that an inquiry by the National Human Rights Commission (NHRC) concluded that the demolition was far more extensive than the alleged encroachment and the state failed to show the original width of the highway, the extent of encroachment or proof that any land acquisition had been undertaken before initiating the demolition.

While the petitioner’s house encroached into the project road only to the extent of 3.7 metres, the actual demolition was between 8-10 metres, it noted.