'High-handed approach': Supreme Court comes down heavily on Adityanath-led UP govt for demolishing private residence

The Supreme Court on Wednesday came down heavily on the Yogi Adityanath-led Uttar Pradesh government for allowing authorities for the "high-handed" demolition of a private residence to make way for road expansion, declaring that the action was carried out without following due process or notifying the homeowner. 

Chief Justice of India D.Y. Chandrachud, presiding over a three-judge bench with Justices J.B. Pardiwala and Manoj Misra, ordered the state to pay Rs 25 lakh in compensation to the affected owner.

The case stemmed from a 2020 petition filed by Manoj Tibrewal Aakash, whose Maharajganj home was demolished without prior notice in 2019. CJI Chandrachud expressed strong disapproval of the lack of due process, pointing out that, according to an affidavit, authorities merely made a loudspeaker announcement at the site instead of issuing a formal notice. He remarked, 

"This is a completely high-handed approach. The affidavit confirms no notice was given," he said, as reported by The Indian Express.

When the state claimed that the homeowner had encroached on a small section of public land, CJI Chandrachud responded, "Even if he encroached by 3.7 square meters, it does not justify demolishing a house without due notice." Justice Pardiwala added, "Bulldozing homes without giving families time to vacate or secure their belongings disregards essential due process."

The bench criticized the authorities' reliance on public announcements as a substitute for formal notice. Justice Pardiwala stated, “Residents cannot be informed solely by drumbeats to vacate; proper notice is mandatory."

In addition to the compensation, the court instructed the Uttar Pradesh Chief Secretary to conduct an inquiry and initiate disciplinary action against the officials and contractors involved, with compliance required within one month.