Court's 'Supreme rebuke' on bulldozer action of Yogi government, said – give compensation of Rs 25 lakh to the person whose house was demolished
New Delhi. The Supreme Court on Wednesday strongly reprimanded the Yogi Government of UP over the Bulldozer Action. Let us tell you that the matter is of Maharajganj district of UP, where houses were demolished using bulldozers for the road widening project. In this case, a writ petition was filed on behalf of Manoj Tibrewal Akash, which was being heard by the Supreme Court. The Supreme Court has said that the UP government should give a compensation of Rs 25 lakh to the person whose house was demolished.
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CJI DY Chandrachud said that you say that he was an encroacher of 3.7 square meters. We are listening to this but are not giving any certificate, but how can you start demolishing people's houses like this? This is chaos, breaking into someone's house.
He said that this is completely arbitrary. Where has proper procedure been followed? We have the affidavit, which states that no notice was issued, you only went to the site and informed people. We may be willing to offer punitive compensation in this case. Will this serve the purpose of justice?
Supreme Court asked, how many houses were demolished?
The petitioner's lawyer urged for investigation into the matter. CJI asked the state government's lawyer how many houses were demolished? The state counsel said there were 123 illegal constructions. Justice JB Pardiwala said what is the basis of your saying that it was unauthorized. What have you done since 1960, what were you doing for the last 50 years. Very arrogant, the state will have to show some respect to the NHRC orders. You are sitting quietly and defending the actions of an officer.
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The CJI said that suo motu cognizance was taken of the letter addressed by Manoj Tibrewal complaining about the demolition of his ancestral house and shop located in Ward No. 16 Mohalla Hamidnagar. Notice was issued on the writ petition.
Justice JB Pardiwala told the counsel for the UP government that your officer last night demolished the yellow marked area for road widening. The next morning you came with the bulldozer. It's like a takeover. You don't come with a bulldozer and demolish the house, you don't even give time to the family to vacate the house. Widening was just an excuse, it does not seem to be the reason for this entire exercise.
Need to investigate this matter: Supreme Court
The CJI said in the order that there is a need to investigate this matter. The state of UP has not produced any document to show the original width of the NH. Second, there is no physical document to prove that any investigation was conducted to identify encroachments. Thirdly there is no material at all to show that the land was acquired for the project.
The state government has failed to disclose the exact extent of encroachment. The width of the notified highway and the extent of the petitioner's property, which falls within the notified width. In such a situation, why was there a need to demolish houses beyond the area of alleged encroachment? The NHRC report states that the portion broken was much more than 3.75 metres.
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