New Delhi: The Supreme Court has ordered Uttar Pradesh government to pay Rs.25 lakh in compensation to a petitioner, whose ancestral home and shop were demolished in Maharajganj district. This order accompanies a directive for a thorough investigation into the circumstances of the illegal demolition, with disciplinary action required against the officials and contractors involved. The petitioner, Manoj Tibrewal Akash, filed a writ petition after his property was bulldozed for a road-widening project without proper notice or due process.
Chief Justice DY Chandrachud condemned the demolition, calling it “anarchy” and questioning the lack of due process. He noted that the government’s actions were arbitrary and that no official notice had been given to the petitioner. The Chief Justice expressed concern over the approach, suggesting the court may consider punitive damages to ensure justice. He also highlighted the need for respect towards National Human Rights Commission (NHRC) orders, referencing the government’s apparent disregard.
Justice JB Pardiwala, addressing the UP government’s lawyer, criticised the lack of documentation showing the original road width or any clear plan for marking encroachments. He pointed out that widening seemed more like an excuse than a legitimate reason for demolition, and noted that the demolition extended far beyond the alleged 3.75-meter encroachment. The court’s final order emphasised the necessity of an investigation, stating that UP authorities had failed to provide documents proving legal acquisition of land for the project.
The Supreme Court has thus mandated compensation and insisted on transparency, documentation, and adherence to legal protocols in future demolition actions.
