New Delhi: In a landmark judgment, the Supreme Court on Wednesday slammed the Uttar Pradesh Govt. for the unlawful demolition of Senior Journalist Manoj Tibrewal Aakash’ ancestral house and ordered Rs 25 lakh as compensation and also directed the State Chief Secretary to take criminal and departmental strict action against all errant officials within a month.
House illegelly demolished in 2019
Notably, Senior Journalist Manoj Tibrewal Aakash's house was illegelly demolished in Maharajganj in 2019.
Senior journalist Manoj Tibrewal Aakash shares his thought
Sharing his insights on the landmark verdict, Senior Journalist and petitioner Manoj Tibrewal Aakash called it a victory of him and the people of the country. Find out what the case is all about and why it matters.
A three-judge bench, led by Chief Justice of India DY Chandrachud, delivered a historic judgment on the petition of senior journalist Manoj Tibrewal Aakash.
The Supreme Court ordered that the petitioner be awarded a compensation of Rs 25 lakh in connection with the illegal… pic.twitter.com/OGOafnula0Also Read | Senior IAS Officer Keshav Chandra named Chairman of NDMC
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"The Supreme Court has given a historic verdict. This order is not only a personal victory for me but also a win for the 4 million people of Maharajganj district and the 1.4 billion people of the country. Following this order, a path has been opened for compensation for those in Maharajganj who were forced to demolish their homes under the shadow of fear," Manoj Tibrewal Aakash said.
SC on illegal demolition
The Supreme Court has directed chief secretaries across the country that today's order must be strictly followed wherever bulldozer actions are carried out. No house can be demolished arbitrarily in the country. This landmark judgment has emerged as a historic precedent nationwide. The Apex Court has instructed all states to follow all legal procedures before demolishing any structure during road construction, public works, or encroachment removal.
The Supreme Court emphasized that in such situations, it is essential to give notices, and other information to homeowners along with timely demarcation.
A three-judge bench, led by Chief Justice of India D Y Chandrachud, held that the demolition was 'high handed' and 'lawless'.
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 was also comprising Justices JB Pardiwala and Manoj Misra.
Senior advocates Siddharth Bhatnagar, Shubham Kulshreshtha, OP Vyas and Aditya appeared before the court on behalf of petitioner and senior journalist Manoj Tibrewal Aakash.
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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.
CJI DY Chandrachud
CJI remarked: "This is complete arbitrariness. Where was the due process followed? We have an affidavit stating that no notice was issued."
Justice JB Pardiwala said: "This is highly arbitrary. You cannot bring bulldozers and demolish homes overnight. You don’t give families time to vacate. What about the household belongings? Proper procedure must be followed. You cannot simply make announcements and expect people to vacate and demolish their homes. Proper notice should be given."
The bench also directed the Chief Secretary of UP to investigate and initiate disciplinary action against all officers and contractors responsible for the illegal demolition, stating that these directives must be strictly followed within one month.
