In November 2024, the Supreme Court of India issued a significant ruling addressing the unauthorized demolition of properties by state authorities, particularly focusing on actions taken by the Uttar Pradesh government. This decision stemmed from a case involving the demolition of homes in Maharajganj district during a road-widening project in 2019.
Case Background:
The controversy began when the Uttar Pradesh government demolished several residential structures in Maharajganj without providing formal notices to the occupants. Residents were allegedly informed only through loudspeaker announcements, a method the Supreme Court deemed insufficient and unlawful.Chief Justice DY Chandrachud criticized the state’s approach, stating, “You can’t come with bulldozers and demolish the constructions overnight. You don’t give the family time to vacate. What about the household articles inside the house?”
Supreme Court’s Observations:
The Court labeled the demolitions as “high-handed” and “lawless,” emphasizing that such actions violate the principles of natural justice and due process. Justice JB Pardiwala remarked, “This is very high-handed. You can’t come with bulldozers and demolish houses overnight. There has to be a due process followed. A drumbeat does not suffice as notice.”
Directives and Guidelines Issued:
In response to these unauthorized demolitions, the Supreme Court laid down comprehensive guidelines to prevent future occurrences:
- Prior Notice: Authorities must issue a formal notice to property owners before proceeding with any demolition. This notice should detail the nature of the unauthorized construction and provide specific violations warranting the action.
- Opportunity for Hearing: Property owners should be granted a chance for a personal hearing to present their case. The minutes of this meeting must be recorded, and the final order should address the owner’s contentions with clear reasons for any decisions made.
- Adequate Timeframe: A minimum of 15 days should be provided between the issuance of the notice and the demolition to allow residents sufficient time to vacate and arrange their affairs.
- Documentation: The entire demolition process must be videographed to ensure transparency and accountability.
- Compensation: Victims of illegal demolitions are entitled to compensation. In the Maharajganj case, the Court ordered the Uttar Pradesh government to pay ₹25 lakh to one affected individual.
- Accountability: The Chief Secretary of the state is directed to conduct an inquiry into the roles of officers and contractors responsible for unauthorized demolitions and initiate disciplinary actions within a specified timeframe.
Broader Implications:
The Supreme Court’s ruling underscores the necessity for state authorities to adhere strictly to legal procedures and respect citizens’ rights when undertaking actions like property demolitions. The Court highlighted that even individuals accused or convicted of crimes possess rights and safeguards under the Constitution and criminal law. It stated, “The Executive cannot declare accused as guilty and demolish his house. Accused and convicts have certain rights, safeguards in light of Constitution and criminal law.”
This judgment serves as a precedent to prevent arbitrary state actions and ensures that demolitions are conducted lawfully, respecting the dignity and rights of all citizens.