The Supreme Court lashed out at the Uttar Pradesh government for the “high-handed demolition” of an ancestral residential house and shop of a petitioner being part of a demolition drive in Maharajganj district while ordering compensation of Rs 25 Lakhs.
The Supreme Court has ordered the Uttar Pradesh government to pay Rs 25 lakhs in punitive compensation for the “high-handed demolition” of a petitioner’s ancestral residential house and shop. The top court has also ordered an inquiry into the entire matter of illegal demolition in UP’s Maharajganj district and disciplinary action against all erring officers and contractors who were responsible for illegal demolition.
A bench headed by CJI DY Chandrachud showed its strong displeasure for the Uttar Pradesh government and termed this entire action on the part of the state as “high-handed.”
“How can you start demolishing people’s houses like that? This is lawlessness. walking into somebody’s house.” CJI Chandrachud remarked during the hearing of the case.
CJI further termed the action of UP officials, including the District Magistrate and Superintendent of Police, as completely high-handed.
“Where is the due process followed? We have an affidavit, which says no notice was issued, you only went to the site and informed the people!” CJI remarked.
An aggrieved man filed a writ petition against the UP government’s demolition of his properties as “encroachment” on the grounds of National Highway expansion. The court was informed that the NHRC report shows that demolition in the area was far more than the area of alleged encroachment.
“We direct punitive compensation and the chief secretary of UP to conduct an inquiry into the entire matter about illegal demolition against all officers, including contractors responsible for illegal demolition. This will include disciplinary action against any officer who demolished not only the house of the petitioner but anybody else who met the same fate in the area,” the Supreme Court ordered.
The top court today passed the said order after noting that the state of UP failed to produce the original width of the state highway notified as a national highway.
