‘Demolishing building by bulldozer method is unacceptable to civilized society’: SC with directions

NEW DELHI: Supreme Court Chief Justice D Y Chandrachud pointed that the method of implementing legislation using the bulldozer method is not suitable for a civilized society. Referring to the incident of illegal building demolition in Uttar Pradesh in 2019, he proposed more directions. The directive came while a bench comprising justices J B Pardiwala and Manoj Misra were considering the case.

In Uttar Pradesh in 2019, the court was instructing all states and Union Territories on the procedures to be followed while widening roads and avoiding encroachments. He remembered the incident where the house was demolished to widen the road. The court also ordered to pay Rs 25 lakh compensation to the person whose house was destroyed that day.

The court also pointed that it is a serious danger if any section or officials of the state issue orders related to the demolition of public property of the citizens in an illegal manner. ‘The voice of citizens cannot be suppressed by the threat of destruction of property and fields. The ultimate security of a person is the fields. Illegal encroachment of public property will not be allowed as well as bulldozer justice cannot be accepted in the legal system. If it is allowed, then according to Article 300A of the Constitution, the land tenure system will be relaxed,' said Chandrachud.

The Supreme Court has directed the UP Chief Secretary to conduct an appropriate inquiry into the matter related to the demolition of a house in Maharajganj district. The bench also clarified the steps to be taken by a state or concerned officials before taking action for the road widening project. Once an unauthorized encroachment is detected, a notice should be served first. If the encroacher comes forward against it, a speaking order should be issued. The court added that in case of objection again, a notice should be given clearly stating the reason.