New Delhi: IAS Amarnath Upadhyay, the then Maharajganj District Magistrate, might not have even thought of 'disastrous repercussions' of his confrontion with the country's senior journalist Manoj Tibrewal Aakash by illegally getting demolished his two-storey ancestral house in Maharajganj district, Uttar Pradesh with bulldozers.
When suddenly on 13 September, 2019 at 4 o'clock hundreds of policemen surrounded Manoj Tibrewal's house from all sides creating panic, closed the road around the house with barricades and started demolishing the house with bulldozers, Manoj Tibrewal had openly said in front of the cameras that the sinner Amarnath Upadhyay will have to face the consequences of his misdeeds and he will have to spend the rest of his life rubbing his nose at the doorstep of the country's investigative agencies.
Supreme Court historic judgement
About five years later, the words of Manoj Tibrewal proved to be literally true after the Supreme Court historic judgement on 6 November. The verdict has created a buzz across the country particularly in Uttar Pradesh and specifically in Maharajganj district.
After the landmark judgment of the Supreme Court, within a month, FIR will be lodged under serious sections against the guilty IAS Amarnath Upadhyay, all the contractors and employees associated with National Highway, PWD, Revenue, Municipality, District Administration, road construction who got the ancestral house demolished illegally under his influence and all the policemen who entered Manoj Tibrewal's house unlawfully, without any warrant and misbehaved with the family members on the road. This criminal case will be investigated by UP-CBCID, the biggest investigation agency of Uttar Pradesh.
Entitled to get compensation
Supreme Court three-judge bench led by CJI Dr DY Chandrachud ordered the Chief Secretary of Uttar Pradesh to pay punitive compensation of Rs 25 lakh to the petitioner Manoj Tibrewal Aakash within a month. The Supreme Court clarified that apart from Rs 25 lakh, Manoj Tibrewal is entitled to get all kinds of compensation which includes compensation for land, construction of a two-storey house, all the goods of the house and shops.
Besides, Manoj Tibrewal is entitled to get compensation for defamation, mental and emotional harassment for 5 years, legal compensation and other compensations if any. The Chief Secretary will start detailed investigation within a month.
The Supreme Court clarified
The Supreme Court has clarified that within one month from the date of issuance of the order, the Chief Secretary of Uttar Pradesh has to start investigation against the then District Magistrate Amarnath Upadhyay, National Highway, PWD, Revenue, Municipality, District Administration, contractor and police personnel and other culprits in the case of illegal demolition.
The Supreme Court has ordered the UP Chief Secretary to complete the strictest departmental and disciplinary action against all the culprits found in the investigation within 4 months and submit its report to the Supreme Court. The Supreme Court clarified that after investigation, personal accountability of the officers who violated the law will be ensured and punitive action will be taken against them. This punitive action includes suspension, dismissal from service and compulsory retirement.
Amarnath has not been able to sit in peace for a single day since September 13.
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Maharajganj Paap Kand
The promoted IAS, who was sitting on the DM's chair for the first time in his life, was intoxicated with the arrogance of his position. He did not even realize that the great sin he was going to commit on September 13 would be known as the 'Maharajganj Paap Kand' in the whole country and this incident would be an example.
God is continuously punishing this arrogant person. Now a total of 14 months are left for his retirement. After the incident of September 13, 2019, this arrogant person could not get posted as a District Magistrate at any other place even for a day in five and a quarter years and is spending his life in misery lying in a small corner in the 'Divyang Department'.
Illegal demolition
When the petitioner Manoj Tibrewal decided to send Amarnath Upadhyay to his rightful place, the government suspended him on 14 October, a few days after the illegal demolition, on the charges of corruption and irregularities. He continued to suffer the punishment of suspension for 8 months continuously.
Everyone wants to know the answer to this question that when the DM had called Manoj Tibrewal on 12 September and told him that he should demolish only 5 feet of his house, the rest of the house will be taken after giving compensation, then why suddenly under what mysterious pressure did he change his decision of 24 hours ago and got the house demolished to humiliate Manoj Tibrewal by deceit.
Manoj Tibrewal's statement confirmed by Supreme Court's order
First the National Human Rights Commission, then the verification of archival documents in the on-site investigation by senior IAS and Basti's Divisional Commissioner Anil Kumar Sagar proved Manoj Tibrewal's statement to be true that his ancestral house does not fall under the ambit of encroachment and legally his personal land was bought by his grandfather Pitaram Tibrewal in 1960 through a registered deed and a house was built. The Supreme Court found this to be true. This proves that what Manoj Tibrewal said at that time was 100% correct and those who were calling it encroachment have been left speechless after this historic decision and these people have been completely exposed in front of the society.
All 123 victim families of Maharajganj will get justice
The long battle that Manoj Tibrewal fought alone in the Supreme Court from Maharajganj to Lucknow, Allahabad and Delhi has opened the way for the victims across the city to get the benefit of it with the order passed in Manoj Tibrewal's petition. The Supreme Court has clearly stated in its order that strict action will be taken against all the officials who forced the demolition of the houses of 123 victim families.
Highlights of the Supreme Court Judgement:
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1. This decision in the name of Manoj Tibrewal Aakash has become a precedent across the country. Wherever there is a talk of demolition of houses and shops for road construction across the country, the governments will first follow the orders issued by the Supreme Court in relation to Manoj Tibrewal Aakash Vs UP Government 2024. In this regard, the Registrar (Judicial) of the Supreme Court will send a copy of this decision to the Chief Secretaries of all the states / union territories so that compliance of the instructions issued regarding the procedure normally adopted for the purpose of road widening can be ensured.
2. For the first time in the country, the Supreme Court has imposed a huge fine of 25 lakhs on a government against bulldozer action.
3. On November 6, the hearing in the Supreme Court was held for 1 hour and 40 minutes in a three-member bench headed by the Chief Justice.
4. The Supreme Court said, "This is very arbitrary. You cannot bring a bulldozer and demolish the house overnight. You do not give the family time to vacate the house. What about the household items? Proper procedure should have been followed" "This is complete jungle raj and anarchy."
5. "You cannot ask people to vacate the house and demolish it just by playing dholki (announcement). Proper notice should be given and the parties should be given a chance to be heard."
6. The decision of the Supreme Court will not only provide relief to 25 crore people of UP, but now no bulldozer will be able to commit atrocities against 140 crore people across the country.
7. After the hearing, the Supreme Court gave a detailed 15-page decision.
8. This case was heard by a three-member bench comprising the Chief Justice of India, Justice Dr. DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra.
9. During the hearing, the three judges not only completely rejected every argument of the UP government but also made very harsh comments.
