SC slams UP Govt for demolition of house, orders ₹ 25 lakh compensation

Slamming Uttar Pradesh authorities for their “high-handed” approach in demolishing a house for widening a road without giving notice, the Supreme Court on Nov 6 directed them to pay the owner ₹ 25 lakh as compensation.

The three-judge bench headed by Chief Justice of India (CJI) 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 said.

“This is lawlessness… walking into somebody’s house and demolishing it without notice,” he added.

On the argument that Misra encroached public land, CJI said, “You say that he was an encroacher of 3.7 square meters. We take it. We are not giving him a certificate for it. But how can you start demolishing people’s houses like that?”

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 expressed displeasure 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.

In addition to ordering the payment of compensation, the Court also asked the Uttar Pradesh chief secretary to hold an inquiry into officers and contractors responsible for the demolitions and initiate disciplinary action against them.