No encroachment razing without due process: SC
NEW DELHI: The Supreme Court on Wednesday barred state and Union govt 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 days of announcing the removal of encroachments or illegal structures with drumbeaters or loudspeakers are over, said a bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Mishra criticised the Uttar Pradesh govt for high-handedness after the Maharajganj collector demolished a house to widen NH-703. “Private properties need some protection and there has to be some accountability fixed for those resorting to demolitions using state power,” Supreme Court said.
Awarding an interim compensation of Rs 25 lakh to the person whose house was demolished, the bench directed the Uttar Pradesh chief secretary to initiate inquiry into the illegal demolitions carried out by the collector, other officials and the contractor in 2019.
The person had written to the Supreme Court on Oct 4, 2019, about incidents of illegal demolitions, which were taken up suo motu by the court. The last hearing took place on Jan 4, 2021.
Dusting off the case file nearly four years later, the Supreme Court bench noted that no material had been provided by the Uttar Pradesh govt’s counsel, Tulika Mukherjee, to justify the demolitions, which involved 123 houses, including that of the complainant, for a road-widening project.
The Uttar Pradesh govt counsel had also simultaneously written to the National Human Rights Commission (NHRC), which like the district commissioner, had given an adverse finding against the collector.
Senior advocate Siddharth Bhatnagar told the court that the National Human Rights Commission’s directions for initiation of proceedings against wrongdoers has not yet been complied with and no compensation has been paid to the petitioner Manoj Tibrewal Akash for illegal demolition of his ancestral house.
Repeatedly referring to the Uttar Pradesh bureaucrat’s actions as high-handed, the Supreme Court bench comprising Chief Justice laid down guidelines for authorities across India to follow when removing unauthorised and illegal constructions and encroachments for road projects.
