The Supreme Court on Wednesday strongly criticized the Uttar Pradesh government for the illegal demolition of a house, describing the action as “high-handed.” The court ordered the state to pay the homeowner Rs 25 lakh in compensation within a month. Chief Justice DY Chandrachud, leading the bench, questioned how the government could demolish a house without following proper legal procedures or providing prior notice.
The case involved a petitioner whose house was demolished without notice or explanation, supposedly for encroaching on a highway. The petitioner argued that the demolition was retaliatory, occurring after he raised concerns about irregularities in road construction in a newspaper report.
“The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in a newspaper report,” the court said. “Such action by the state cannot be countenanced and when dealing with private property, law has to be followed.”
The bench also pointed out that the Uttar Pradesh government failed to provide evidence of the original width of the highway or specific details of the alleged encroachment before carrying out the demolition. The court directed the government to first establish the road’s proper width, issue formal notices if encroachments were found, and allow residents to submit objections. If objections were rejected, the government was ordered to issue a “reasoned order” and provide sufficient time for residents to vacate or remove alleged encroachments.
The court also ordered an inquiry by the state’s chief secretary into the incident and instructed disciplinary action against any officials involved in the unlawful demolition, including those who may have caused similar harm to others in the area.
“This will include disciplinary action against any officer who demolished not only house of petitioner but anybody else who met the same fate in the area,” the court added.
