The Supreme Court on Wednesday condemned as “high-handed” and “illegal” the Uttar Pradesh government’s move to demolish homes for road widening projects without following due process.
A three-judge bench headed by Chief Justice of India DY Chandrachud was hearing a writ petition filed by Manoj Tibrewal Aakash, whose house in Maharajganj district was allegedly demolished in 2019 without prior notice.
During the hearing, judges harshly criticized the state government’s approach, questioning the legality and ethics of bulldozing the property without giving formal notice.
Chief Justice Chandrachud said: “You say he is an encroacher. But how can you start demolishing people’s houses like this? This is lawless behavior, walking into someone’s house and demolishing it without any notice. ”
“You can’t demolish a building overnight with bulldozers. You don’t give time to your family. What about the daily necessities in the house?” he asked the lawyer representing the Uttar Pradesh government.
The Supreme Court questioned the lack of procedural safeguards, pointing out that residents were only informed through loudspeaker announcements, which did not meet the legal requirements for such conduct.
The court also ordered the state to pay compensation of Rs 25 lakh to Akash for the losses caused.
Senior advocate Siddharth Bhatnagar, representing the petitioner, told the court that in similar circumstances, 123 other structures were also demolished and the residents were informed only through public notices.
Expressing his dissent, Justice JB Pardiwala, sitting with Justice Manoj Mishra, said: “This is a very heavy-handed approach. You cannot use it overnight Bulldozers come to demolish houses.
The Supreme Court also cited the report of the National Human Rights Commission (NHRC) that the area involved in the encroachment was only 3.70 square meters.
The judges claimed that even if there was encroachment, it would not justify complete demolition of the house. In their order, they called the demolition “totally repressive and without legal authority.”
Pressuring Uttar Pradesh government lawyers over the decision to demolish structures outside the alleged encroachment area, Justice Padivala questioned the basis for such a wide-ranging action.
The apex court also ordered the state chief secretary to conduct an inquiry into the role of officials and contractors responsible for these demolitions and directed disciplinary action to be taken within a month.
The committee has even laid down guidelines for authorities to carry out demolition work as part of road widening projects:
- The authorities must verify the existing road width and issue notifications when encroachments are found
- If objections are raised, they must be resolved through formal orders and in compliance with the principles of natural justice
In addition, the court emphasized that if encroachment is confirmed, residents should be given sufficient time to evacuate. The bench also directed that copies of the judgment be distributed to all states to ensure consistency and compliance with legal procedures in similar road widening measures across the country.
