'Action Was Illegal & Highhanded,' SC Observes, Slams UP Govt For 2019 House Demolition In Maharajganj

New Delhi: The Supreme Court on Wednesday rebuked the Uttar Pradesh (UP) government for demolishing a house in the Maharajganj district in 2019, calling the action “illegal” and "highhanded.”

The bench, comprising Chief Justice DY Chandrachud, Justices J.B. Pardiwala, and Manaoj Misra, issued strong directions to all states and union territories (UTs) on how road-widening projects and encroachment removal should be carried out.

About The Case

The case stemmed from a demolition carried out during a road-widening exercise, which left a family without due notice or time to vacate their home. The court questioned how such demolitions could occur without informing the occupants, asking, "What about the household items inside the house?” The bench emphasized that states could not just bulldoze properties without following proper legal protocols.

In response to the incident, the court ordered the UP government to pay Rs 25 lakh as compensation to the affected family. Furthermore, it directed the UP chief secretary to investigate the demolition and take necessary action against those responsible. The court underscored the importance of following due process in road-widening and encroachment removal, instructing states to first verify road width through surveys, identify encroachments, and issue proper notices to those involved.

If objections were raised, authorities were directed to issue “speaking orders” to ensure natural justice. Should the encroacher fail to comply, authorities may then take action, but only after adhering to legal norms, including providing a reasonable time frame for compliance. The bench also emphasized that before any demolition, the state must acquire land in accordance with the law if the road-widening plan requires additional land.

In this case, the demolition was done on the pretext of road-widening, but the bench found no legitimate grounds for the drastic action, calling it "lawlessness". The court also noted that there were multiple similar demolitions in the area and ordered an inquiry into the roles of officials involved in these actions.

The state was directed to take criminal or disciplinary action if violations were found. This ruling comes amidst growing concerns about demolition actions in UP, including a separate case involving violence in Bahraich. The Allahabad HC recently intervened, urging the UP government to ensure demolitions align with legal processes, delaying further actions until a review is completed.