Supreme Court Reprimands UP Govt for Illegal Demolitions

Aakhir Tak – In Shorts:

The Supreme Court reprimanded the UP government for illegal demolitions.
The court termed the demolitions “lawless” and ordered compensation.
Rs 25 lakh to be paid to affected residents.
A report showed the alleged encroachment was only 3.70 sq meters.
The Chief Secretary was instructed to investigate officials’ roles.

Aakhir Tak – In Depth:

The Supreme Court on Wednesday came down heavily on the Uttar Pradesh government for conducting illegal demolitions of residential houses for a road-widening project without following due process. This case pertains to a petition by Manoj Tibrewal Aakash, whose house in Maharajganj district was demolished in 2019 without prior notice.

A three-judge bench led by Chief Justice of India (CJI) DY Chandrachud expressed strong disapproval of the state’s actions. “You claim he was an encroacher, but how can homes be demolished without notice? This is lawlessness,” the Chief Justice remarked.

The court criticized the lack of procedural fairness, noting that residents were informed solely through loudspeaker announcements, which do not meet legal notification standards. It also ordered the state to pay compensation of Rs 25 lakh to Aakash.

Senior advocate Siddharth Bhatnagar, representing the petitioner, informed the bench that 123 other structures were demolished similarly. Justice JB Pardiwala called the actions “high-handed,” emphasizing the need for due process.

Referring to an NHRC report, the bench noted that the encroachment was only 3.70 sq meters, not justifying full demolition. The Supreme Court directed the Chief Secretary to conduct an inquiry and take disciplinary action against those responsible within a month. A copy of the judgment was ordered to be sent to all states for uniformity in procedures.