New Delhi: The Supreme Court on Wednesday slammed the UP Govt for the illegal demolition of Senior Journalist Manoj Tibrewal Aakash’ ancestral house and ordered Rs 25 lakh compensation and also directed the State Chief Secretary to take criminal and departmental strict action against all errant officials within a month.
A three-judge bench, led by Chief Justice of India D Y Chandrachud, held that the demolition was 'high handed' and 'lawless'.
Supreme Court takes suo motu cognizance
The Apex Court had taken a suo motu cognizance of a letter written by Maharajganj resident Manoj Tibrewal Aakash, whose ancestral house was demolished in 2019.
The bench, also comprising Justices JB Pardiwala and Manoj Misra, said: "How can you just enter someone's home and demolish it without following the course of law or serving notice."
Court called it 'high-handed'
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Here is what CJI DY Chandrachud observed against bulldozer action on Manoj Tibrewal Aakash’ petition
"This is completely high-handed. Where is the due process followed? We have the affidavit that says no notice was issued. You only went to the site and informed the people through a loudspeaker," CJI Chandrachud said.
Court orders Govt to pay Rs 25 lakh
The bench ordered the UP government to pay Rs 25 lakh as compensation and also directed the Chief Secretary to initiate criminal and departmental proceedings against those officials responsible for the demolition.
The Apex court said that the order has to be enforced within a month.
Senior advocates Siddharth Bhatnagar, Shubham Kulshreshtha, OP Vyas and Aditya appeared before the court on behalf of petitioner and senior journalist Manoj Tibrewal Aakash.
In a historic judgment, the Supreme Court issued a strong reprimand to the officials. The Supreme Court stated that demolishing someone’s house without notice or without giving them time, merely by making a public announcement, reflects the authoritarianism of the government and the officials. Wherever this occurs, it cannot be considered the rule of law.
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Chief Secretaries across the country have also been directed that wherever bulldozer action takes place, today's order must be strictly followed. No house can be demolished arbitrarily in the country. This historic ruling has emerged as a landmark judgment nationwide.
Apex Court asks states to follow legal procedures
The Supreme Court has instructed all states to follow all legal procedures before demolishing any house during road construction, public works, or removing encroachments.
The Supreme Court emphasized that in such cases, demarcation must be done, and homeowners must be given notices and other relevant information in a timely manner.
Senior journalist Manoj Tibrewal Aakash
Senior journalist Manoj Tibrewal Aakash, a resident of Maharajganj, said: "The Supreme Court has given a historic verdict today. This order is not only a victory for me, but it is also a victory for 40 lakh people of Maharajganj district and 140 crore people of the country. The order has also paved the way for the compensation to all those people in Maharajganj who were forced to demolish their homes."
