The Supreme Court's recent ruling delivered on November 6, 2024, has firmly condemned the trend of punitive demolitions across India, emphasizing the importance of fair play and due process in delivering justice. The court stressed that "justice through bulldozers" is unacceptable and prohibited authorities from demolishing encroachments without prior notice and proper adjudication. This decision was made in response to the Uttar Pradesh State Government's actions following the unlawful demolition of a home for road expansion, highlighting the need for accountability in the use of state power. The court recognized the risk of selective punishment through demolitions and underscored the protection of citizens' rights and properties. Furthermore, it awarded interim compensation of Rs 25 lakh to the affected individual and instructed an investigation into the actions of local officials related to the demolitions.

The Supreme Court, during a recent hearing, addressed the case of illegal demolitions reported by the petitioner. Despite a directive from the National Human Rights Commission for action against responsible parties, no compensation has been provided. Senior advocate Siddharth Bhatnagar highlighted this issue, and the Court expressed concern over the lack of information from the UP Government regarding affected properties. Justice Pardiwala criticized the arbitrary demolitions, emphasizing the need for due process. Chief Justice Dr. Chandrachud denounced the state’s claim of encroachment, stating that demolishing homes without notice is lawlessness. The Court has mandated the UP Government to comply with its directives within a month, reiterating the importance of lawful procedures. This scrutiny stems from a writ petition filed in response to petitioner's letter about the demolition of his ancestral home, which reflects a broader concern over unlawful state actions.

The Bench notes that following a complaint to the NHRC via letter dated 04 October 2019, a thorough inquiry was conducted, resulting in a report on 3 February 2020. Key findings include:

• no prior notice was given before the demolition aside from a public announcement;
• the petitioner’s house, built on land acquired by his grandfather in the 1960s, was subject to demolishing actions starting on 7 July 2019, with the complete demolition occurring by 13 September 2019;
• measurements indicated a justified demolition of approximately 3.70 meters adjacent to a road, although actual demolition extended between 5 to 8 meters; personal belongings were observed inside the house prior to demolition; and no compensation has been offered for the destroyed property.

The Bench highlights in paragraph 16 that the NHRC found the demolition of up to 3.70 meters justifiable due to encroachment; however, demolishing beyond this limit lacked justification, as no evidence was presented to support the claim that the road was 32 meters wide. In paragraph 31, the Court criticizes the overly aggressive actions of the State, directing that punitive compensation be provided, an investigation into the unlawful demolition be conducted by the Chief Secretary of Uttar Pradesh, and disciplinary actions taken against involved officials.

The Court further orders the filing of a First Information Report as per NHRC's directive. In paragraph 32, it mandates a provisional compensation of Rs 25 Lakh to the petitioner, allowing for further legal pursuits. Paragraph 33 emphasizes that the Chief Secretary must ensure accountability for legal violations within a month, with disciplinary actions to conclude within four months. Lastly, in paragraph 34, the Court instructs the Registrar to distribute the judgment to Chief Secretaries of all States/Union Territories, ensuring adherence to road widening procedures.

The Supreme Court has firmly condemned the indiscriminate demolition of homes by bulldozers, asserting that such actions cannot be justified by any state authorities. It is imperative that bulldozers operate strictly within the law. The court emphasizes that allowing any form of injustice undermines the foundation of justice itself. Consequently, it has resolved to no longer tolerate these demolitions and will hold those responsible accountable. This stance is indeed warranted.

Author  details: The Author, Advocate Sanjeev Sirohi is currently serving with the Meerut Bar.

DISCLAIMER
The above text is a summary of the Supreme Court judgement titled In Re Manoj Tibrewal Akash in Writ Petition (Civil) No. 1294 of 2020 and cited in Neutral Citation No.: 2024 INSC 863 that was pronounced on November 6, 2024. The above text is the work of the author Advocate Sanjeev Sirohi and Udaipur Times exempts itself from the liability that might arise from any incorrect statements above.