The Supreme Court has reprimanded the UP government regarding the bulldozer action. During the hearing of a case on Wednesday, the court said – This is arbitrary. You cannot demolish a house overnight with a bulldozer. You don’t give time to the family to vacate the house. What about household items? u
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Chief Justice DY Chandrachud said- How can you start demolishing people’s houses like this? Entering someone’s house and demolishing it without any notice is anarchy. The court further said that you cannot just play drums and ask people to vacate the houses and demolish them. The court directed the government to pay compensation of Rs 25 lakh.
Actually, this entire matter is of 2019. When the administration in Maharajganj district had bulldozed many houses for road widening.
The petitioner’s lawyer had demanded an investigation into the issue. The court also said in the order that this matter should be investigated in depth. Because no document has been produced, which shows the original breadth and encroachment of NHAI.
The Supreme Court had taken suo motu cognizance of the petition filed in 2020 The bench of Supreme Court Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra heard the petition filed in 2020 on suo motu cognizance. This petition was filed by Manoj Tibrewal. His house in Maharajganj was also demolished in 2019 in the name of encroachment.
During the hearing, the UP government told the court that the petitioner had encroached on 3.7 square meters. Questioning this argument of the government, the court said – How can you completely demolish people’s houses like this? It is illegal to break into someone’s house and demolish it without notice.
Bulldozer was also used on 123 houses and other constructions. During the hearing, the petitioner’s lawyer told the court that 123 other nearby houses/constructions were also demolished. There the administration informed the people only through public announcement. Expressing surprise at this, the court said that this demolition was completely arbitrary. Done without rules.
The administration had drawn a yellow line on a 3.7 meter stretch According to the petitioner, NHAI and the district administration, without any notice, drew a yellow line on 3.7 meters of land of his house, declaring it to be a highway. The petitioner himself demolished that portion. But within one and a half hour, the police and administration, under their supervision, just made the formality of the announcement and got the entire house demolished with bulldozers.
The family members were not given a chance to leave the house, let alone their belongings. The court also directed to initiate a disciplinary inquiry against those responsible for this illegal demolition.
Order to give compensation of Rs 25 lakh to the petitioner The court directed the government to give Rs 25 lakh to the petitioner. This compensation is of interim nature. That is, it will not prevent the petitioner from taking any other legal action. The court also directed the Chief Secretary of Uttar Pradesh to investigate against all the officials. The court also made it clear that the government is also free to take criminal action against those responsible for illegal acts.
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