Illegal Demolition of House: Supreme Court Criticizes UP Government and Directs to Pay Rs. 25 Lakh Compensation

On November 06, 2024, the Supreme Court (SC) of India heavily criticized the Uttar Pradesh (UP) Government for illegally demolishing residential houses for a road widening project without following legal procedures. The SC bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra was hearing a suo motu petition registered in 2020 following a complaint letter sent by Manoj Tibrewal Aakash whose house was demolished in 2019. 

While hearing the matter, the bench expressed dissatisfaction with the conduct of UP authorities. The CJI said, “You say that he was an encroacher of 3.7 sq meters. 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.” After noting that no notice was served and no due process was followed, CJI Chandrachud said, “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 loudspeaker.” Further, Justice Pardiwala added, “This is very high-handed…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.”

After hearing the contentions, the SC bench noted that the authorities did not inquire about demarcating the encroachments, and no material was presented to ensure that the land was acquired before the demolitions. The SC, in its order, pointed out, “It is clear that the demolition was completely highhanded and without the authority of law.” Moreover, the top court directed the State to pay punitive compensation of Rs. 25 Lakhs to the petitioner. Along with this, the SC bench listed some steps the State authorities should follow before removing encroachments for road widening projects. 

• “Ascertainment of the existing width of the road in terms of records/ maps;
• Carrying out a survey/ demarcation to ascertain any encroachment on the existing road with reference to the existing maps;
• If encroachment is found, issuance of notice to encroacher;
• In the event the encroacher raises an objection to the notice, the decision of the objection by speaking order in compliance with natural justice;
• If the objection is rejected, a reasonable notice shall be furnished to the person against whom the adverse action is proposed to remove the encroachment;
• On failure of the person to do so, the competent authority may take steps to do so unless restrained by an order of the competent authority of the Court ;
• If the existing width of the road including the plan adjoining the road is not sufficient to accommodate road widening, steps would have to be taken by the state to acquire the land in accordance with the law before undertaking a road widening exercise.”