SC slams UP govt for 'illegal' demolition, orders Rs 25 lakh compensation

'CAN'T BULLDOZE OVERNIGHT'| In a significant rebuke, the Supreme Court on Wednesday criticised the Uttar Pradesh government for what it described as an "illegal" demolition conducted in 2019.

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The court ordered the state to pay Rs 25 lakh as compensation to a man whose house in Maharajganj district was destroyed as part of a road-widening project. Emphasising the importance of procedural fairness, the court issued sweeping directives to all states and Union Territories on how to handle road widening projects and the removal of encroachments.

The bench, led by Chief Justice D Y Chandrachud and comprising Justices J B Pardiwala and Manoj Misra, underscored that state authorities could not operate arbitrarily when it comes to demolishing structures in the name of development projects. "You can't come with bulldozers and demolish the constructions overnight," the Chief Justice remarked. "You don't give the family time to vacate. What about the household articles inside the house?" asked CJI.

The Apex Court's ire was sparked by revelations that the demolition in Maharajganj was carried out without giving any prior notice to the affected family. During the proceedings, the court pointed out that the state authorities had failed to follow due process, instead relying on a traditional "munadi" or drumbeat announcement to inform residents—a practice the court deemed inadequate.

"You just walk in and demolish somebody's house. No notice, nothing," the bench stated sharply. "Isn't this complete lawlessness?" the court added, expressing deep concern over the state's disregard for the principles of natural justice.

The petitioner, represented by senior advocate Siddharth Bhatnagar and advocate Shubham Kulshreshtha, argued that the demolition of the house was unauthorised and high-handed. The court agreed, noting, "...it is clear that the demolition was completely high-handed and without the authority of law."