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D. Y. CHANDRACHUD, J. B. PARDIWALA, MANOJ MISRA
In Re: Manoj Tibrewal Akash – Appellant
Versus
. – Respondent
JUDGMENT :
DHANANJAYA Y. CHANDRACHUD, CJI.
1. On 04 October 2019, Shri Manoj Tibrewal, a senior journalist, addressed a letter to this Court complaining of the unlawful demolition of his ancestral residential house and shop described as House Number 117, Ward Number 16, Mohalla Hamid Nagar, District Maharajganj, Uttar Pradesh by the authorities of the State. A suo motu Writ Petition was registered before this Court under Article 32 of the Constitution on the basis of the said letter.1 [WP (Civil) No. 1294 of 2020]
2. On 07 December 2020, notice was issued to the District Magistrate and the Superintendent of Police, District Maharajganj.
3. In order to obviate any controversy in regard to the facts, we would proceed on the
4. The counter affidavit states that on 7 March 2012, the road on which the petitioner’s house was situated was notified as a national highway (National Highway No. 730)2 [“NH 730”] under the provisions of the National Highways Act, 1956. Prior to this notification, the road was a state highway spanning from District Pilibhit via Bahraich, Balrampur and Maharajganj to Padrauna.
5. Subsequently, on 13 March 2018, Government of India sanctioned the widening of the existin
Unlawful demolition of property – Justice through bulldozers is unknown to any civilized system of jurisprudence – Citizens’ voices cannot be throttled by a threat of destroying their properties and ....
Administrative actions resulting in civil consequences must adhere to principles of natural justice, including providing notice and opportunity to be heard.
Disclosure of all material facts when approaching the court, and the authority's obligation to carry out demarcation proceedings and take possession of excess land acquired under the National Highway....
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