Use of bulldozer is arrogance: Supreme Court asks UP government to pay 25 lakhs and take disciplinary action

NEW DELHI: The Supreme Court has issued a stern warning to the Uttar Pradesh government that it cannot use bulldozers on houses overnight. A bench of Chief Justice Dy Chandrachud and Justices JB Pardiwala and Manoj Mishra said the use of bulldozers is a "bureaucratic arrogance" of the authorities and the UP government should pay Rs 25 lakh as interim compensation to the complainant.

Manoj Tibrewal, a resident of UP Maharajganj, was hearing a complaint filed by Akash alleging that his house was demolished in the middle of the night without following any procedure in the name of road widening. This happened in 2019. Manoj pointed out that his house was demolished for reporting in a newspaper about irregularities in the construction of the road.

The court was hearing a complaint filed by Manoj Tibrewal Aakash of UP Maharajganj that his house was demolished overnight in the name of road widening without following any procedure. This happened in 2019. Manoj pointed out that his house was demolished for reporting irregularities in road construction.

For 3.7 square meters

"The government is saying that 3.7 square metres of public land has been encroached upon and even if that is true, how can the house be demolished in such a manner?" the apex court asked. A man's house was demolished without even giving a notice. The procedure was not followed. This is after going to the spot and announcing through a loudspeaker. This is a violation of the law. The family was not even given time to vacate. The authorities have not even recorded exactly which the encroached area is. The lawyer informed the court that 123 houses have been demolished in this manner.

Instructions for action

The court directed the UP chief secretary to conduct a departmental inquiry against the officials. Disciplinary action should be taken against the offenders. A criminal case can also be registered if required. The order should be implemented within a month.

Guidelines for states

The apex court also issued guidelines on the steps to be taken by the states in removing encroachments for road widening.

1. The current width of the road should be checked

2. If there are encroachments, notices should be given to remove them

3. If an objection is raised, it should be handed over as an order

4. Reasonable time should be given to vacate the encroachments if the order is not complied with