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‘Single-handed approach’: Supreme Court comes down heavily on Adityanath-led UP government for demolishing private houses

‘Single-handed approach’: Supreme Court comes down heavily on Adityanath-led UP government for demolishing private houses

The Supreme Court on Wednesday heavily criticized the Yogi Adityanath-led Uttar Pradesh government for allowing authorities to ‘hands-hand’ demolition of a private house to make way for road expansion. or notify the homeowner.

Chief Justice of India DY Chandrachud, who chaired a three-judge bench along with Justices JB Pardiwala and Manoj Misra, ordered the state to pay Rs 25 lakh as compensation to the affected owner.

The case arose out of a 2020 petition filed by Manoj Tibrewal Aakash, whose house in Maharajganj was demolished without notice in 2019. CJI Chandrachud expressed strong disapproval over the lack of due process and pointed out that the authorities had made only a loudspeaker, according to an affidavit. announcement at the location instead of making a formal notification. He noted:

“This is a completely idiosyncratic approach. The affidavit confirms that no notice was given,” he said, as reported by The Indian Express.

When the state alleged that the homeowner had encroached on a small portion of public land, CJI Chandrachud responded: “Even if he encroached on 3.7 square meters, it does not justify demolishing a house without notice.” Judge Pardiwala added: “Bulldozing homes without giving families time to vacate or secure their belongings ignores essential due process.”

The bank criticized the authorities’ reliance on public announcements as a substitute for a notice of default. Judge Pardiwala said: “Residents cannot be notified to leave by drums alone; Proper notification is mandatory.”

Besides the damages, the court has directed the Uttar Pradesh Chief Secretary to investigate and take disciplinary action against the officials and contractors involved, with compliance required within a month.