IMPORTANT POINT
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 homesteads – Bulldozer justice is simply unacceptable under rule of law – Public accountability for public officials must be the norm – Any action in respect of public or private property must be backed by due process of law.

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 existing road. A final Detailed Project Report was prepared stating that the applicable right of way for the chainage between two sections from KM 484 to KM 505.120, was 30 meters. Following the sanction by the Government of India, an agreement was executed on 2 May 2018 between the State Public Works Department³ [“PWD”] and Mahakaleshwar Infratech Private Limited⁴ [“MIPL”] for the execution of the work. The work order stated that the work would commence on 18 February 2019 and conclude on 17 February 2020.

6. The counter affidavit states that in June 2019, it emerged after identifying the right of way that out of the total sanctioned length of 21.120 km, about 4 kilometers of the stretch fell within Maharajganj town. It is alleged that the petitioner was one of several persons who had encroached upon the land of NH 730. According to the State, he had been directed to remove the encroachment from the land by way of a Munadi announcement (by beat of drums) from June 2019; between 25 August 2019 and 30 August 2019 and between 1 September 2019 and 6 September 2019.

7. On 4 July 2019, it is alleged, the mother of the petitioner made an application to the District Magistrate requesting him not to demolish her house by placing reliance on an interim order dated 14 November 1975 passed by the High Court of Judicature at Allahabad in a 1975 writ petition styled as Babulal vs. State of Uttar Pradesh. By the said interim order, the High Court had issued notice in the writ petition and directed that the petitioner’s house shall not be demolished except “in accordance with some statutory provisions of law and after giving to the petitioners a reasonable opportunity of showing cause” until further orders.

8. On 8 September 2019, Shri Shubh Karan Singh, the brother of the petitioner is stated to have furnished a letter to the District Magistrate averring that he had purchased the house/land which is registered in the revenue records under Abadi Land category 6.2 and that the house was co-owned by three persons. However, the letter stated that the writ petition was eventually dismissed in default. The letter further stated that in the event that the house was to be demolished for the construction of the national highway, compensation ought to be given to the brother of the petitioner.

9. According to the Collector, on the evening of 12 September 2019, the occupants of the house were called upon to remove all their belongings and on 13 September 2019, “the team removed the encroachment”.

10. Lakshmi Devi Tibrewal, the mother of the petitioner instituted a writ petition before the High Court of Judicature at Allahabad on 28 September 2019.⁵ [WP No. 1335 of 2020] The petition eventually came to be dismissed as withdrawn by an order dated 18 January 2020 of the High Court.

11. On 4