SC Slams UP Government For Illegal Demolition Of House, Orders Rs 25 Lakh Compensation

The Supreme Court on Wednesday (6 November) slammed the Uttar Pradesh government for demolishing an individual's house without following legal procedures.

A Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra observed that the demolition was 'high handed' and without authority of law.

"How can you just enter someone's home and demolish it without following the course of law or serving notice," the Bench demanded.

The apex Court directed the UP government to pay Rs 25 lakh as punitive compensation and further ordered the state to start criminal proceedings against those responsible.

The Court made it clear that the order has to be implemented within one month.

"The demolition was carried out without any notice or disclosure to the occupiers of the basis of the demarcation or the extent of demolition to be carried out. It is clear demolition was high handed and without the authority of law. The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in newspaper report. Such action by the State cannot be countenanced and when dealing with private property, law has to be followed," the Court said, Bar and Bench reported.

The three-judge bench 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.

As per the petitioner, his house was demolished without any prior notice or explanation for allegedly encroaching a highway.

Notably, the petitioner claimed that the demolition was a retaliatory measure after he informed the media about alleged irregularities in a road construction project.

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