IN RE: MANOJ TIBREWAL AKASH versus ABC

IN RE: MANOJ TIBREWAL AKASH versus ABC

Demolition carried out without prior written notice, without disclosure of the extent of encroachment or road width, and beyond the area of any established encroachment was unlawful; State authorities must follow specified procedural safeguards (ascertain road width from records, survey/demarcate, issue written notice, decide objections by a speaking order, give reasonable notice, and acquire land lawfully if required) before removing encroachments in road widening projects; affected person entitled to interim punitive compensation and State officials to be investigated and proceeded against where appropriate.

Parties
Petitioner: Manoj Tibrewal Akash; Respondent: State of Uttar Pradesh
Jurisdiction
India
Judgment Date
06 November 2024
Procedural Posture
Writ Petition (civil) No. 1294 of 2020 / Disposed
Outcome
Writ Petition disposed of
Legal Topics
Road Widening, Illegal Demolition, Encroachment Removal, Procedural Safeguards, Compensation, Punitive Damages, Natural Justice, Due Process
Constitutional Law Administrative Law Human Rights Property Law Public Law Road Widening Illegal Demolition Encroachment Removal +5 more

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Parties

Manoj Tibrewal Akash

Petitioner

State of Uttar Pradesh

Respondent

Procedural Posture

Writ Petition (civil) No. 1294 of 2020 / Disposed

Legal Issues

  1. 1 Whether the demolition of the petitioner’s house for road widening was lawful
  2. 2 Whether prior written notice and reasonable opportunity to be heard were required before demolition
  3. 3 Whether demolition exceeded the extent of alleged encroachment and the lawful width of the road

Ratio Decidendi

Demolition carried out without prior written notice, without disclosure of the extent of encroachment or road width, and beyond the area of any established encroachment was unlawful; State authorities must follow specified procedural safeguards (ascertain road width from records, survey/demarcate, issue written notice, decide objections by a speaking order, give reasonable notice, and acquire land lawfully if required) before removing encroachments in road widening projects; affected person entitled to interim punitive compensation and State officials to be investigated and proceeded against where appropriate.

Court Disposition

Writ Petition disposed of

Orders

  • State of Uttar Pradesh to pay the petitioner interim punitive compensation of Rs 25,00,000
  • Chief Secretary, Government of Uttar Pradesh to conduct an inquiry into the illegal demolition and initiate disciplinary action against responsible officers and contractors; disciplinary proceedings to be completed within four months of initiation