The Supreme Court has come down hard on the Yogi government for demolishing a highway-side house in Uttar Pradesh's Maharajganj with bulldozers without following any procedure. CJI DY Chandrachud said how can you start breaking people's houses like this? You cannot break someone's house overnight. This is chaos.
The Supreme Court asked the state government officials to immediately investigate the allegations of demolition of illegal houses in the name of road widening and take departmental and administrative legal action against the responsible officials. Apart from this, an interim compensation of Rs 25 lakh has also been ordered to the applicant.
In 2019, Manoj Tiberwal's house in Maharajganj was demolished.
Took cognizance of the application filed in 2020 A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra heard the petition filed on suo motu cognizance in 2020. This petition was filed by Manoj Tiberwal. In 2019, his house in Maharajganj was demolished.
The UP government told the court that the petitioner had encroached on 3.7 square meters. On this the court said, But how can you completely demolish people's houses like this? It is illegal to break into someone's home without notice.
25 lakhs as compensation to the petitioner In this matter, the Supreme Court ordered the state government to pay a compensation of Rs 25 lakh to the petitioner. This compensation is interim. The court also ordered the Chief Secretary of Uttar Pradesh to conduct an inquiry against all the officials and initiate disciplinary action against the persons responsible for the illegal demolition. The court clarified that the state is also free to initiate criminal proceedings against those responsible for illegal acts.
The Supreme Court asked the government lawyer, how many houses were broken? The petitioner's counsel requested an inquiry into the matter. CJI asked the state government counsel how many houses were demolished? The state attorney said there are 123 illegal constructions. Justice JB Pardiwala said, what is your basis for saying that it was unauthorized, what was being done for the last 50 years, the state has to give some respect to the order of the NHRC. You sit in silence and protect the works of an officer.
Three states, where bulldozer operations took place in the last 3 months
- August 2024: Action against accused who pelted stones on police in Madhya Pradesh's Chhatarpur: Within 24 hours of stone pelting at Kotwali police station in Madhya Pradesh's Chhatarpur on August 21, the government demolished a three-storey mansion worth Rs 20 crore. Built in 20 thousand square feet. Even when his mansion was being demolished, no member of his family was present. According to the FIR, the four brothers had instigated the mob to attack the police.
- August 2024: Bulldozer drives home of accused after stabbing in Rajasthan's Udaipur: A class 10 student in a government school in Udaipur injured another by stabbing him. This was followed by arson and violent demonstrations across the city. On August 17, bulldozer action was taken at the house of the accused student. Earlier, on the instructions of the government, the forest department had issued a notice to Salim Sheikh, the father of the accused, to vacate the house built in the illegal colony.
- June 2024: 6 properties of 2 accused vandalized in UP's Moradabad-Balia: A bulldozer ransacked the house of a man who tried to kidnap a married woman in Moradabad. The accused shot dead the woman's parents and brother who were opposing the abduction. At the same time, the hotel of Jishan, the hotel owner who beat up a youth in a bread dispute in Bareilly, fell to the ground. Sunny's birthday was on June 26. Sunny asked Jeeshan, the owner of Mashal Hotel, for 150 rotis. Jisha gave only 50 roti and refused to give 100 roti. As the dispute escalated, Jisha along with his accomplices beat up Sunny.
The Supreme Court said- Allegation of involvement in crime is not a basis for destruction of property
The Supreme Court on Thursday (September 12) said that the bulldozer action is like running a bulldozer on the law of the land. Allegation of one's involvement in crime cannot be a ground for demolishing one's property.
A bench of Justice Hrishikesh Roy, Justice Sudhanshu Dhulia and Justice SVN Bhati made the remarks while hearing a petition related to the demolition of a house. The court said that if a person has committed a crime, action cannot be taken against his entire family or his legally constituted household.
This is the second time in September that the SC has expressed displeasure over bulldozer action. Earlier on September 2, the court had said that even if a person is guilty in a case, such action cannot be taken. (…)
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
