VidhiSangh

Supreme Court of India · 06/11/2024

IN RE: MANOJ TIBREWAL AKASH versus ABC

[2024] 11 S.C.R. 2348 · 2024 INSC 863

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Summary

In a suo motu writ petition started on a journalist's letter, the Supreme Court held that the demolition of his ancestral house in Maharajganj for widening NH 730 was high-handed and without authority of law. There had been no written notice, no demarcation and no acquisition, and the demolition went beyond even the alleged encroachment. The Court ordered Rs 25 lakh interim compensation, an enquiry, disciplinary action and an FIR. It also laid down minimum procedural safeguards that States must follow before road-widening demolitions.

Issues

  1. Whether the demolition of the petitioner's house for widening NH 730 was carried out in accordance with law.
  2. What minimum procedural safeguards the State must observe before removing alleged encroachments in a road-widening project.
  3. What relief and accountability measures should follow an unlawful demolition.

Provisions considered

Held

Result

Writ petition disposed of. The State of Uttar Pradesh was directed to pay Rs 25 lakh interim compensation. The Chief Secretary must hold an enquiry against the officers and contractors responsible, including for similar demolitions in the area, and lodge the FIR directed by the NHRC for investigation by the CB-CID. Action must begin within one month and disciplinary proceedings must finish within four months. The judgment was circulated to all States and Union Territories for compliance with the road-widening safeguards.

Judgment PDF: Supreme Court of India, [2024] 11 S.C.R. 2348.