– Akhilesh Tripathi/Lucknow
The Supreme Court has issued a stern reprimand to the UP government, putting a halt to its bulldozer actions. Also, the Court has ordered a compensation of Rs.25 lakh for the victim affected by the bulldozer operation. Furthermore, it has directed that criminal proceedings be initiated against the officials responsible for the action. This order from the Apex Court comes as a significant blow to the BJP government in UP.
The Supreme Court has made this significant ruling after taking suo motu cognizance in 2020 on a complaint by Manoj Tibrewal Aakash, a journalist from Maharajganj district in UP. Aakash’s home was demolished in 2019 under the pretext of road widening. The Yogi government in UP had claimed that Aakash had encroached on public land. Then, Aakash filed a complaint with the Supreme Court, which took it up as a petition and began hearings.
On November 6, 2024, the case was heard again in the Supreme Court by a bench headed by Chief Justice D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra. During the hearing, the bench strongly reprimanded the Uttar Pradesh government, labelling the unauthorised demolition of a home as a form of lawlessness.
The bench stated: You cannot demolish someone’s house overnight with a bulldozer. The state government cannot enter someone’s home and demolish it without prior notice. In this case, the demolition was oppressive and carried out without legal authority.
The CJI remarked: How can you start demolishing people’s homes like this? Entering someone’s home is an act of lawlessness. This is entirely arbitrary; where was the due process followed? We have an affidavit stating that no notice was issued, and you simply appeared at the site to inform the residents. We may be inclined to order punitive compensation. Will this serve the purpose of justice? The UP government should compensate the person whose house was demolished with an amount of ₹25 lakh.
Additionally, the Court directed the state government to initiate criminal proceedings against the officials responsible for the bulldozer action and specified that the order must be implemented within a month. The bench also instructed the Chief Secretary of UP to conduct an investigation into the illegal demolition.
The petitioner’s lawyer urged the bench to investigate the matter. In response, the Chief Justice asked the UP government’s lawyer, “How many homes were demolished?” The state government’s lawyer replied, “123 illegal structures.”
Justice J.B. Pardiwala then asked, What basis do you have to claim these were unauthorised? What have you been doing since 1960, for the past 50 years? This is very arrogant; the state should show some respect for the NHRC’s directives. You are silently sitting by and defending an official’s actions.
The CJI said, “You say that he was an encroacher of 3.7 square metres. We take it. We are not giving him a certificate for it. But how can you start demolishing people’s houses like that?” “This is lawlessness… walking into somebody’s house and demolishing it without notice,” the CJI added.
“You can’t tell people just with a beat of drum to vacate houses and demolish them. There has to be proper notice,” said Justice Pardiwala.
According to reports, no notice was issued before demolishing the illegal construction. The state government’s lawyer had no response to this.
The bench then asked the state’s lawyer again: On what basis was the construction deemed unauthorised?” The lawyer explained about road widening. The bench responded: Road widening was merely an excuse. This does not seem to be the genuine reason for this entire action. The demolitions were carried out without prior notice or specifying the limits of demolition. It is clear that this was done unlawfully.
The Supreme Court has also directed all states and UTs to follow due process when removing illegal constructions and widening roads. This order is a major setback for the Yogi Adityanath-led BJP government in UP, which has been conducting bulldozer actions in an arbitrary manner, often bypassing constitutional and legal procedures. While BJP supporters may engage in various wrongful acts without facing bulldozer action, such actions are disproportionately taken against Muslims, Yadavs, and other communities in UP. These selective bulldozer actions in the Yogi government reflect a disregard for the rule of law, which has emboldened the administration.
However, the Supreme Court’s intervention and reprimand have put the Yogi government on the back foot, making it clear that it must consider these actions more carefully, or face consequences. The Supreme Court’s firm stance has created a huge embarrassment for the BJP government in UP.
Samajwadi Party President Akhilesh Yadav responded to the SC decision, asking, “Will the BJP government now use the bulldozer on itself?” The Congress also reacted strongly to the court’s ruling. State spokesperson Manish Hindvi stated, “Officials are taking bulldozers with them, and demolishing homes has become a trend. This is only done to please the government. When you demolish someone’s home, you shatter a family’s dreams. It’s a crime, and action should be taken against those responsible for such wrongful acts.”
