New Delhi: Outgoing Chief Justice of India (CJI) DY Chandrachud, while holding that demolition of house of person in Uttar Pradesh for road-widening project was high-handed and without the authority of law, said that justice through bulldozers is unknown to any civilized system of jurisprudence and bulldozer justice is simply unacceptable under the rule of law.
A bench comprising CJI Chandrachud and Justices Justices JB Pardiwala and Manoj Misra was hearing a suo motu cognisance it had taken on a letter written by senior journalist Manoj Tibrewal complaining of the unlawful demolition of his ancestral residential house and shop in Mohalla Hamid Nagar, District Maharajganj, Uttar Pradesh.
Justice through bulldozers is unknown to any civilized system of jurisprudence: Apex Court
The judgment penned by CJI Chandrachud said, “Such high-handed and unilateral action by the state government cannot be countenanced. Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons. Citizens’ voices cannot be throttled by a threat of destroying their properties and homesteads.”
There are laws which contain adequate provisions for dealing with illegal encroachments: Apex Court
“The ultimate security which a human being possesses is to the homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments. There are municipal laws and town-planning legislation which contain adequate provisions for dealing with illegal encroachments. Where such legislation exists the safeguards which are provided in it must be observed,” CJI Chandrachud added.
Apex Court also laid down certain minimum thresholds of procedural
The bench also laid down certain minimum thresholds of procedural, saying that the safeguards must be fulfilled before taking action against properties of citizens.
State must follow due process of law before taking action to remove illegal encroachments: Apex Court
“The state must follow due process of law before taking action to remove illegal encroachments or unlawfully constructed structures. Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter. Officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action. Their infractions of law must invite criminal sanctions. 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,” the bench said.
Apex Court on November 6 awarded a compensation of Rs 25 lakhs to petitioner as an interim measure
The bench had on November 6, while noting that the demolition was carried out without any notice or disclosure to the occupiers of the basis of the demarcation or the extent of demolition to be carried out, had ordered the state government of Uttar Pradesh to pay petitioner Tibrewal a compensation of Rs 25 lakhs as an interim measure and had also directed the chief secretary of the Uttar Pradesh to conduct an inquiry into the matter and take suitable action including penal measures to ensure accountability of individual officials who have acted in violation of law.
