Recover Compensation From Officers Who Demolished Buildings Ignoring Status Quo Order : Supreme Court Slams Patna Authorities

The Supreme Court has come down heavily on the authorities of the Patna Municipal Corporation and the District Administration for demolishing certain structures ignoring a status quo order passed by the Court.

In this case, the petitioners were aggrieved by the directions for the demolition of the houses and buildings constructed by them allegedly on public land.  

The petitioners had filed writ petitions before the High Court challenging the eviction orders passed under Section 11 of the Bihar Public Land Encroachment Act, 1956. However, the High Court denied them relief, following which they approached the Supreme Court.

On March 22, 2024, the following interim orders were passed by the Supreme Court: "1. Issue notice, returnable on 17.05.2024. 2. Meanwhile, pending the statutory appeal, the parties are directed to maintain status quo re: demolition and further construction at the site. 3. The Appellate Authority-cum-District Magistrate, Patna is directed to decide the pending appeal in accordance with law within six weeks and submit a compliance report to the High Court.” 

A bench of Justices Surya Kant and K.V. Vishwanathan found that despite the directions to maintain status quo, the demolition drive continued beyond March 22, 2024 and all constructions have been demolished. It remarked that the "only explanation rendered on behalf of the respondents is that the status quo order passed by this Court was subject to the pendency of the statutory appeals and such appeals had already been decided".

Considering this, the Supreme Court said: "We strongly deprecate the conduct of the Authorities and their lame excuse. If the statutory appeals had already been decided, it was imperative for them to move an appropriate application and seek vacation/modification of the order dated 22.03.2024. A District Magistrate or the Municipal Authorities cannot sit over the interim orders of this Court and continue with an exercise despite the restraint order."

The Supreme Court disposed of the SLP  since the appeals challenging the eviction orders are pending before the High Court and requested the Court to decide the petitions objectively without being influenced by the directions passed in the PIL jurisdiction.

The Supreme Court has directed the State authorities to pay compensation to the petitioners irrespective of the outcome of the writ petitions. It said: "We further direct that the petitioners shall be entitled to compensation/damages for the demolition of their structures, irrespective of any result of the writ petitions. We are granting this compensation in the peculiar facts and circumstances of this case to maintain the majesty of law as there is a willful and deliberate defiance of the interim order dated 22.03.2024. The amount of compensation, however, shall be determined by the High Court. The Chief Secretary of the State is directed to recover the amount of damages as may be paid to the petitioners, from the officers of the Patna Municipal Corporation or the District Administration, who are found responsible for defying the order dated 22.03.2024."

Case details: Ajay Kumar Yadav@ Ajay Rai & Ors v. The State of Bihar & Ors, SLP (C) No. 7222/2024

Citation : 2024 LiveLaw (SC) 572

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