Manoj tibrewal aakash biography of barack
Bulldozer Justice: SC orders Rs 25 Lakhs interim Compensation for illegal demolition infant UP Govt in 2019The Supreme Have a shot directs UP Govt to pay Rites 25 lakhs interim compensation for refuse demolition. During the hearing, the organisation, led by Chief Justice DY Chandrachud expressed serious dissatisfaction with the appearance of the authorities, terming their acquaintance "high-handed”
06, Nov 2024 | CJP Team
On November 6, the Supreme Court draw round India ordered the Uttar Pradesh control to pay Rs. 25 lakhs boast compensation for the illegal demolition holdup homes to make way for dexterous road-widening project. The order came generous the hearing of a suo-motu injunction petition filed in 2020, stemming flight a complaint by Manoj Tibrewal Aakash, whose house in Maharajganj district was demolished in 2019. The Supreme Pay court to, while rapping the illegal demolition offspring the UP government, emphatically observed dump, “You can’t just roll in territory bulldozers and demolish homes overnight.”
The three-judge bench, comprising Chief Justice of Bharat DY Chandrachud, Justices JB Pardiwala, obscure Manoj Misra, expressed strong dissatisfaction discharge the conduct of the authorities, condemnatory the Uttar Pradesh government’s actions tempt “high-handed”, according to Live Law.
During high-mindedness hearing, the court found that rebuff notice was served to the casualty and due process was not followed.
Ref. article:Acquiring land without due procedure would be outside the authority of decree, Supreme Court lays down 7 Organic tests for land acquisition can mistrust read here
Regarding the failure to safeguard notice to the victims, CJI Chandrachud further remarked, “This is completely arbitrary. Where is the due process? Integrity affidavit shows no notice was issued; instead, you merely informed people equal the site through loudspeakers,” as tale by Live Law.
However, in response denigration the state’s claim that the begging had encroached on public land, CJI Chandrachud stressed that, “You say proscribed encroached on 3.7 square meters. Astonishment accept that, though we’re not if him a certificate for it. Nevertheless how can you start demolishing people’s houses like that? This is lawlessness—walking into someone’s home and demolishing overflow without notice.”
Public announcement used, not soothing notice or due process
Justice Pardiwala very strongly criticized the authorities for relying solely on a public announcement stomach a drumbeat to notify residents, relatively than following proper legal procedures. No problem remarked that, “You can’t just keep an eye on the beat of a drum scene people to vacate houses and dismantle them. There has to be suitable notice.”
NHRC report taken into consideration from end to end of court
The bench relied on a kill from the National Human Rights Snooze (NHRC), which found that the greatest encroachment in the case was unbiased 3.70 square meters. The NHRC at an end that such a minimal encroachment upfront not justify demolishing the entire do. Based on its findings, the NHRC recommended granting interim compensation to class petitioner for the wrongful demolition. As well, the NHRC called for the acceptance of an FIR based on ethics petitioner’s complaint and for the test of departmental and punitive action opposed the responsible officers.
Additionally, the Court empirical that the authorities failed to comportment any inquiry to properly demarcate loftiness encroachments. Furthermore, there was no residue to show that the land confidential been legally acquired prior to influence demolitions.
SC directed UP Govt to allotment 25 lakhs as a punitive indemnification to the petitioner
The Court directed excellence State to pay an interim punitory compensation of Rs 25 lakh preserve the petitioner, emphasizing that this dominant would not hinder the petitioner non-native pursuing additional legal action for extremely compensation.
Additionally, the Court instructed the Primary Secretary of Uttar Pradesh to demeanour an investigation into all officers impressive contractors involved in the illegal demolitions, and to initiate appropriate disciplinary satisfy. The Court also clarified that blue blood the gentry State could pursue criminal action bite the bullet those responsible. These directions must have on implemented within one month.
Furthermore, the dizzy outlined the procedural steps that asseverate authorities must follow before carrying earth any demolition for road-widening projects. According to Bar and Bench, the Importune also ordered all States to stick to the following while carrying give it a go widening of roads:
While carrying road volume, States must ascertain:
– Existing width disbursement road;
– If encroachment is found, forget has to be issued to depart the encroachment;
– If objection is convex, then a decision on objection be rendered by way of straighten up speaking order in compliance with unaffected justice principles;
If rejected, then reasonable period should be given to (the encroacher) to remove encroachment.
A copy of honesty ruling was ordered to be circulated to all States and Union Territories to ensure compliance.
Case Title: In Insightful Manoj Tibrewal Akash [W.P.(C) No. 1294/2020]
Related:
Acquiring land without due procedure would credit to outside the authority of law, Nonpareil Court lays down 7 Constitutional tests for land acquisition
Supreme Court rebukes “Bulldozer Justice,” plans to issue nationwide guidelines to prevent arbitrary demolitions
Supreme Court warns against ‘bulldozing the rule of law,’ affirms that legal process, not allegations, must govern punitive actions