An end to bulldozer justice!

The Supreme Court in a laudable and landmark judgment titled "In Re: Manoj Tibrewal Akash in Writ Petition (Civil) No. 1294 of 2020 pronounced on 6 November has sharply criticised the growing trend of punitive demolition of constructions in the country.

- Sanjeev Sirohi

Mincing no words, the court held "Justice through bulldozers is unknown to any civilized system of jurisprudence and simply unacceptable under the rule of law."

The top court has explicitly barred authorities from using bulldozers to demolish encroachments or illegal constructions for road projects across India without following due process, which includes serving prior notice, conducting adjudication, and awaiting court decisions.

The Bench headed by the CJI Dr DY Chandrachud and comprising Justice JB Pardiwala and Justice Manoj Misra said, "The days of announcing the removal of encroachments or illegal structures with drumbeaters or loudspeakers are over."

This was held while lashing out at the Uttar Pradesh Government for high-handedness after the Maharajganj Collector had demolished a house to widen NH-703. The court firmly pointed out, "Private properties need some protection and there has to be some accountability fixed for those resorting to demolitions using state power."

The Apex Court said: "There is a grave danger that if high-handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons. Citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead."

The case stemmed from a senior journalist writing a letter to the top court in 2019 complaining that his ancestral residential house was demolished without notice by authorities in Uttar Pradesh.

The Court awarded an interim compensation of Rs 25 lakh to the person whose house was demolished.

The Bench also directed the UP Chief Secretary to initiate inquiry into the illegal demolitions that were carried out by the Collector, other officials and the contractor in 2019.