The Supreme Court on Wednesday reprimanded the UP government over the bulldozer action. The court said, ‘This is arbitrary. You cannot demolish the house overnight with a bulldozer. You do not give the family time to vacate the house. What about the household items, proper procedure should be followed.’ Chief Justice DY Chandrachud said, ‘How can you start demolishing people’s houses like this. Breaking into someone’s house without notice and demolishing it is anarchy. The Supreme Court further said, ‘You cannot ask people to vacate the house and demolish them only by beating drums.’ The court also ordered the UP government to pay compensation of Rs 25 lakh in a 2019 case. Actually, this whole matter is of 2019. When the administration bulldozed several houses for road widening in Maharajganj district. The petitioner’s lawyer had demanded an investigation into the issue. The court also said in the order that the Chief Secretary should investigate the matter. No documents were presented regarding the original width of NHAI and encroachment. Supreme Court had taken suo motu cognizance
The bench of Chief Justice Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra of the Supreme Court took suo motu cognizance and heard the petition filed in 2020. This petition was filed by Manoj Tibrewal. His house was also demolished in 2019 in the name of encroachment in Maharajganj. The UP government said that the petitioner had encroached 3.7 square meters. The court said that how can you demolish people’s houses completely like this. It is illegal to enter someone’s house and demolish it without notice. The petitioner’s lawyer said that 123 other houses / constructions in the vicinity were also demolished. There the administration informed the people only by making a public announcement. On this, the court expressed surprise and said that this demolition was completely arbitrary. It was done without rules. The administration had drawn a yellow line on a 3.7 meter portion
According to the petitioner, NHAI and the district administration drew a yellow line on 3.7 meters of land of his house without any notice, saying that it was highway land. The petitioner demolished that portion himself, but within one and a half hours, the police and administration, under their supervision, demolished the entire house with a bulldozer just by making an announcement. The family members were not given a chance to leave the house, let alone their belongings. The court also directed to start a disciplinary inquiry against those responsible for this illegal demolition. Order to give Rs 25 lakh compensation to the petitioner
The court directed the government to give Rs 25 lakh to the petitioner. This compensation is of interim nature. That is, it will not stop the petitioner from taking any other legal action. The court has also directed the Chief Secretary of Uttar Pradesh to investigate against all the officers. Akhilesh wrote on X – Will the BJP government get a bulldozer run over itself —————————————————————————- Read these news too:- SC said – Governments cannot take over all private properties: Not every private property is a physical resource Can the government acquire private properties for the welfare of the common people under Article 39(B) of the Constitution? On this matter, a 9-judge bench of the Supreme Court overturned its own decision given in 1978 (45 years ago) on 06 November. The 9-judge bench headed by the CJI said in a 7:2 majority decision, “Not every private property can be called community property. The government can consider only certain properties as community resources and use them in the interest of the common people.” Read full news 17 lakh madrasa students will not be sent to government schools: Supreme Court upheld the UP Madrasa Act, but imposed a stay on deciding the PG-research syllabus The Supreme Court has upheld the validity of the UP Board of Madrasa Education Act. That means Madrasas will continue to run in Uttar Pradesh and 17 lakh students studying in 16000 Madrasas will not be sent to government schools. While giving this order on Tuesday, the Supreme Court rejected the decision of Allahabad High Court, which declared Madrasa Act unconstitutional. Read the full news… Bhaskar Explainer – 16 thousand Madrasas of UP will continue to run: Ban on Alim-Fazil degree; Why did the Supreme Court overturn the decision of the High Court? The Supreme Court has upheld the UP Madrasa Education Act, overturning the decision of the Allahabad High Court. This means that the Madrasas will continue to run. Earlier, the High Court had ordered admission of all the children studying in Madrasas of UP in normal schools. Due to this, the closure of about 25 thousand Madrasas of UP was hanging in the balance. Now, Madrasas have got a big relief from the decision of the Supreme Court. Read the full news…
