Don’t carry out bulldozer action overnight

• The SC reprimanded the UP Government

• Instructions to all states and Union Territories regarding road widening

New Delhi – The three-judge bench, which was presided over by Chief Justice of India D Y Chandrachud, was hearing a suo motu writ petition registered in 2020 based on a letter complaint by  Maharajganj  resident Manoj Tibrewal Aakash, whose house was demolished in 2019. The bench also comprised Justices J B Pardiwala and Manoj Misra.

“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.

Terming it “very high-handed,” Justice Pardiwala said, “You can’t come with bulldozers and demolish houses overnight. You don’t give time to family to vacate. What about the household articles ? There has to be due process followed”.

The bench made evident its disillusionment that the residents were made aware of the start of the demolition only through a public announcement without giving any notice. “You can’t tell people just with a beat of drum to vacate houses and demolish them. There has to be
proper notice,” said Justice Pardiwala.

Directions given by the Supreme Court

1. Road widening should be studied and surveyed based on records, maps to find encroachment.

2. If there is not enough space for road widening, then steps should be taken to acquire the relevant land as per law.

3. Issuance of notice to encroachment before taking action on encroachment.

4. If the encroacher objects, the order should be issued according to the doctrine of natural justice. A reasoned notice should be issued if the objection is rejected.

5. If the encroacher refuses to comply with the order, the competent authority should take steps to remove the encroachment.