The Supreme Court of India has strongly criticized the Uttar Pradesh government for its actions in demolishing residential houses in Maharajganj district in 2019 for a road-widening project, labeling the demolitions as “high-handed” and “illegal.” The bench, headed by Chief Justice of India (CJI) DY Chandrachud, rebuked the state’s failure to follow due legal process, emphasizing the absence of proper notices and procedural safeguards.
The case stems from a writ petition filed by Manoj Tibrewal Aakash, whose home was demolished in 2019 allegedly without prior notice. During the hearing, the bench questioned the legality of the demolitions, criticizing the Uttar Pradesh authorities for using bulldozers to raze homes without giving residents time to vacate or addressing the belongings inside. “You can’t come with bulldozers and demolish the constructions overnight. What about the household articles inside the house?” Chief Justice Chandrachud asked.
The court also raised concerns over the practice of informing residents about demolitions through loudspeaker announcements, stating that such measures did not meet legal requirements. The bench highlighted the lack of procedural fairness and called it an act of lawlessness.
Justice JB Pardiwala, who was part of the bench, echoed similar concerns, describing the actions of the authorities as “high-handed” and pointing out that a drumbeat cannot serve as a formal notice. He added, “There has to be due process followed.”
The Supreme Court cited a report from the National Human Rights Commission (NHRC), which found that the alleged encroachment involved only 3.70 square meters. Even if encroachment was established, the Court ruled that it did not justify the total demolition of homes.
The Court also condemned the demolition of additional structures, with 123 more buildings reportedly destroyed in similar circumstances, solely based on public announcements.
In a significant move, the Court ordered the Uttar Pradesh government to pay Rs 25 lakh in compensation to Aakash for the damages caused. Furthermore, the bench directed the Chief Secretary of Uttar Pradesh to conduct an inquiry into the actions of the officers and contractors involved in the demolitions. Disciplinary action against those found responsible must be taken within a month.
In its ruling, the Supreme Court established guidelines for authorities handling demolitions in road-widening projects. These include:
- Verifying the existing road width before demolitions,
- Issuing formal notices if encroachments are detected,
- Addressing objections through proper orders,
- Allowing sufficient time for residents to vacate if their property is affected.
The Court also ordered that a copy of this judgment be circulated to all states to ensure that demolitions for road-widening projects across India follow proper legal procedures and safeguards.
This landmark ruling is expected to impact future demolitions and force state governments to adopt a more transparent and lawful approach when executing infrastructure projects.
