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In a scathing rebuke of the Uttar Pradesh government, the Supreme Court of India has ordered the payment of Rs 25 lakh in compensation to a resident whose house was demolished without proper notice. The court's decision highlights the fundamental importance of due process and the rule of law, even in the context of development projects. The case, which arose from a suo motu writ petition filed in 2020, centered on the demolition of a Maharajganj resident's house in 2019. The house was demolished for the purpose of widening a road. However, the court found that no notice was given to the homeowner prior to the demolition, leading to a situation of lawlessness and a violation of the homeowner's rights.
The Supreme Court's judgment underscores the necessity of due process in any legal action, especially those involving the deprivation of private property. The court emphasized that while the government may have had legitimate reasons for the road widening project, it cannot resort to arbitrary and unlawful actions like demolishing homes without giving the occupants a fair chance to respond and protect their interests. The court's language was strong, with Chief Justice of India D.Y. Chandrachud referring to the action as “completely high-handed” and “lawless.” Justice Pardiwala further emphasized the need for due process, stating that “You can’t come with bulldozers and demolish houses overnight.”
Beyond the immediate compensation, the Supreme Court also ordered an inquiry into the actions of the officials and contractors responsible for the demolition. This inquiry aims to ensure accountability and prevent future instances of such unlawful behavior. The court's decision serves as a stark reminder to the government of its obligation to uphold the fundamental rights of its citizens, including the right to property and the right to due process of law. The case underscores the crucial role of the judiciary in protecting the rights of individuals and holding authorities accountable for their actions. It also reinforces the importance of respecting legal procedures, ensuring fairness and justice in all aspects of governance.
Source: ‘This is lawlessness’: Supreme Court rebukes UP government for demolition of house without notice