Supreme Court raps UP Govt for demolition of house, orders Rs 25 lakh compensation: ‘this is lawlessness’
The Supreme Court was hearing a suo motu writ petition registered in 2020 based on a complaint by a Maharajganj resident whose house was demolished in 2019.
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A bulldozer tears down the house of activist Mohammad Javed in Prayagraj. (Express file photo by Ritesh Shukla)Pulling up Uttar Pradesh authorities for their “high-handed” approach in demolishing a house for widening a road without giving notice, the Supreme Court Wednesday directed them to pay the owner Rs 25 lakh as compensation.
The three-judge bench, which was presided over by Chief Justice of India D Y Chandrachud, was hearing a suo motu writ petition registered in 2020 based on a letter complaint by Maharajganj resident Manoj Tibrewal Aakash, whose house was demolished in 2019. The bench also comprised Justices J B Pardiwala and Manoj Misra.
“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,” CJI Chandrachud said.
On the argument that Aakash encroached public land, CJI Chandrachud said, “You say that he was an encroacher of 3.7 square metres. 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,” the CJI added.
Terming it “very high-handed,” 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”.
The bench made evident its disillusionment that the residents were made aware of the start of the demolition only through a public announcement without giving any notice. “You can’t tell people just with a beat of drum to vacate houses and demolish them. There has to be proper notice,” said Justice Pardiwala.
Besides ordering the payment of compensation, the Supreme Court also asked the UP chief secretary to hold an inquiry against officers and contractors responsible for the demolitions and also initiate disciplinary action against them.
The bench ordered that the directions be complied with within a month.
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