The Supreme Court on Wednesday criticised the Bharatiya Janata Party government in Uttar Pradesh government for illegally demolishing a house and ordered that the homeowner be paid Rs 25 lakh in compensation within a month, reported Bar and Bench.

Describing the demolition as “high-handed”, the bench led by Chief Justice DY Chandrachud asked: “How can you just enter someone’s home and demolish it without following the course of law or serving notice?”

The bench said that the home was demolished without the occupiers being given any notice about the alleged illegality, and about the extent of demolition that was to be carried out, according to Bar and Bench.

“The petitioner states the demolition was only because the petitioner had flagged irregularities in road construction in a newspaper report,” the court said. “Such action by the state cannot be countenanced and when dealing with private property, law has to be followed.”

The petitioner alleged that his home was demolished without any prior notice or explanation, supposedly for encroaching on a highway.

The court declined the Uttar Pradesh government’s request that the proceedings be adjourned, emphasising that the matter required urgent attention.

“We are not inclined to accept the request of [Uttar Pradesh] to adjourn the proceedings since pleadings are completed and the court is required to evaluate the materials placed before to decide legality of action,” it said.

The court observed that the state government had failed to demonstrate the original width of the highway, any specific encroachment details or evidence that land acquisition had taken place before demolishing the petitioner’s house.

The state government must first determine the existing width of the road, issue formal notices if encroachments are discovered and then allow residents to submit objections, the court held.

Additionally, any decision rejecting an objection must be issued as a “reasoned order” and residents must be given enough time to vacate the premises or remove the alleged encroachments, the bench underscored.

The state’s chief secretary has also been directed to conduct an inquiry into the matter.

“This will include disciplinary action against any officer who demolished not only house of petitioner but anybody else who met the same fate in the area,” the court added.

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