Supreme Court Orders Yogi Government to Compensate ₹25 Lakh for Demolished House

The Supreme Court expressed strong displeasure over the Uttar Pradesh authorities’ decision to demolish a petitioner’s house with a bulldozer due to alleged encroachment on a public road. The court ordered the Yogi Adityanath government to pay ₹25 lakh in compensation to the petitioner for the demolition.

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Chief Justice of India DY Chandrachud questioned the UP government’s actions, stating, “You claim the petitioner encroached on 3.7 square meters, but how can you start demolishing people’s homes in this manner? This is sheer arbitrariness.” He further criticized the lack of due process, noting that the authorities failed to issue any formal notice before proceeding with the demolition.

Questions Raised on Process and Due Diligence

The court pointed out inconsistencies in the authorities' approach. According to the affidavit submitted, there was no advance notice; officials arrived at the site and immediately informed the residents of the demolition. Justice JB Pardiwala remarked, “What basis do you have to claim it was unauthorized? What have you been doing since 1960? It seems disrespectful to disregard NHRC’s orders like this.”

The case stems from a complaint filed by Manoj Tibrewal regarding the demolition of his ancestral home and shop in Ward 16, Mohalla Hamidnagar. Following the complaint, the Supreme Court took suo motu cognizance and issued a notice on the writ petition.

Need for Investigation

The Supreme Court emphasized the need for a thorough investigation into the incident. Chief Justice Chandrachud noted that no official documentation was presented to show the original width of the highway or any formal survey to mark the alleged encroachment. The court observed that there was also no evidence indicating that the land was officially acquired for road widening.

The National Human Rights Commission (NHRC) report further indicated that the demolished area exceeded 3.75 meters, far beyond the claimed encroachment.

Arbitrary Actions Criticized

Justice Pardiwala highlighted the abrupt nature of the demolition, saying that officials marked the area at night and returned with bulldozers the next morning, leaving no time for the family to vacate. He noted, “This seems more like an acquisition than a routine road-widening exercise.”

The court concluded by directing the UP government to compensate the petitioner and calling for a full investigation into the incident to ensure adherence to due process and prevent similar arbitrary actions in the future.