Supreme Court Lays Down Steps To Be Followed By Authorities Before Clearing Encroachments For Road-Widening

The Supreme Court today (November 6) while expressing discontent over the 'high-handed' approach of the Uttar Pradesh Government in illegally demolishing houses, laid down measures to be followed by state authorities for clearing areas in road widening projects.

The bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra was hearing a suo motu writ petition registered in 2020 based on a letter complaint sent by Manoj Tibrewal Aakash, whose house was demolished in 2019. The Court noted that while the house was encroaching only to the extent of 3.70 meters into the project road, the actual demolition was between 8-10 meters and in excess.

As the action of demolition was done without giving any proper notice to the occupiers and only through the public announcement of drum-beating, the Court observed that such conduct of the state authorities was "completely high-handed and without the authority of law".

The following directions have been laid down to ensure compliance with due procedure in law in road-widening exercises:

(1) ascertainment of the existing width of the road in terms of records/ maps;

(2) carrying out a survey/ demarcation to ascertain any encroachment on the existing road with reference to the existing maps;

(3) if encroachment is found, issuance of notice to encroacher;

(4) in the event the encroacher raises an objection to the notice, the decision of the objection by speaking order in compliance with natural justice;

(5) if the objection is rejected, a reasonable notice shall be furnished to the person against whom the adverse action is proposed to remove the encroachment;

(6) on failure of the person to do so, the competent authority may take steps to do so unless restrained by an order of the competent authority of the Court ;

(7) if the existing width of the road including the plan adjoining the road is not sufficient to accommodate road widening, steps would have to be taken by the state to acquire the land in accordance with the law before undertaking a road widening exercise

The Court directed the State to pay punitive compensation of Rs 25 lakhs to the petitioner whose house was illegally demolished. This compensation is of an interim nature and would not come in the way of the petitioner adopting other legal proceedings for compensation.

The Court further directed the Chief Secretary of UP to conduct an enquiry against all officers and contractors who were responsible for the illegal demolitions and initiate disciplinary actions. The Court clarified that the State is at liberty to initiate criminal action also against the persons responsible for the illegal actions.

The copy of the judgment was directed to be circulated to all States/Union Territories.

Senior Advocate Siddharth Bhatnagar appeared for the petitioner along with Advocate Shubham Kulshreshtha.

Case : IN RE MANOJ TIBREWAL AKASH W.P.(C) No. 1294/2020