Demolishing houses… this is anarchy, UP government should pay 25 lakh compensation: Supreme Court
#News Bureau November
Can the government demolish someone’s house without giving any notice? In one such case in Uttar Pradesh, the Supreme Court has strongly reprimanded the UP government. The Supreme Court on Wednesday directed UP officials to pay Rs 25 lakh as compensation to the house owner for their attitude of demolishing a house to widen the road without giving notice.
Apart from ordering compensation, the Supreme Court also ordered the Chief Secretary of UP to investigate and initiate disciplinary action against the officials and contractors responsible for the demolition. The bench ordered that the instructions be followed within a month.
The court expressed disappointment that residents were cautioned about starting the demolition only through a public announcement without any notice.
A three-judge bench headed by Chief Justice of India DY Chandrachud was hearing the matter. The bench also comprised Justices JB Pardiwala and Manoj Mishra. A suo motu writ petition filed in 2020 based on a complaint by Maharajganj resident Manoj Tibrewal Akash was being heard. Tibrewal’s house was demolished in 2019.
“This is outright atrocity. Where was due process followed? We have affidavits stating that no notice was issued. You only went to the site and informed people through loudspeakers,” CJI Chandrachud said, as reported by The Indian Express.
On Manoj Mishra’s argument of encroaching on public land, CJI Chandrachud said, ‘You say he has encroached 3.7 square meters. We accept it. We are not giving him any certificate for this. But how can you start demolishing people’s houses like this?’
The CJI said, ‘Entering someone’s house and demolishing it without any notice… this is anarchy.’ Describing it as very tyrannical, Justice Pardiwala said, ‘You cannot bring bulldozers and demolish houses overnight. You do not give time to the family to vacate. What about household goods? Proper procedure should be followed.’
Justice Pardiwala said, ‘You cannot ask people to vacate the house and demolish them by just beating drums. There should be proper notice for this.’
