UP government had to demolish the house without proper procedure, Supreme Court orders to give Rs 25 lakh compensation
New Delhi. The Supreme Court on Wednesday ordered the Uttar Pradesh government to pay compensation of Rs 25 lakh to the victim for demolishing a journalist’s house with a bulldozer without following proper procedure.
A bench of Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra passed the order while hearing the case of demolition of journalist Manoj Tibrewal’s house for a road widening project in Maharajganj district in 2019.
While directing to give compensation, the bench said that a copy of this order of the court should also be sent to all the states/union territories. While passing the order to give compensation, the bench said that you (government) cannot bring bulldozers and demolish the houses overnight without following proper procedure. The apex court slammed the state officials for carrying out the vandalism and termed it anarchy.
The bench directed the Chief Secretary of Uttar Pradesh to investigate the illegal demolition in Maharajganj district. The court had taken suo motu cognizance in 2020 on the basis of the complaint sent by journalist Manoj Tibrewal Akash. Tibrewal’s house located in Maharajganj district was demolished in 2019.
Senior advocate Siddharth Bhatnagar and advocate Shubham Kulshrestha presented Akash’s side before the Supreme Court. The state government claimed that Akash had encroached on public land.
The bench asked the state counsel that you say it was encroachment up to 3.7 metres. We accept it. We are not giving him certificate for this. But, how can you start demolishing people’s houses like this. The court questioned the state authorities for failing to follow due procedure as it claimed that no notice was issued.
The bench asked the state government that you only went to the site and informed the people through loudspeakers. The court was told that more than 100 other constructions were also demolished. People were informed about this only through public announcements.
The bench, after hearing arguments from both sides, felt that the authorities should have given time to evacuate the families. The court also relied on a report by the National Human Rights Commission (NHRC) that there was encroachment up to a maximum of 3.70 metres, but this did not justify demolishing the entire house.
The commission had recommended granting interim compensation to the petitioner, registering a case in the matter and initiating departmental action against the officials. Senior advocate Siddharth Bhatnagar and advocate Shubham Kulshrestha presented the side of the victim journalist before the apex court.
