CJI Chandrachud's Parting Blow To Yogi Govt's Bulldozer Justice: 'Pay Rs 25 Lakhs In 1 Month, Take Action On Officials In 4 Months'
ABP NewsThe outgoing Chief Justice of India DY Chandrachud, in his last verdict uploaded on the Supreme Court website has sent out a strong message to Yogi Adityanath led government in Uttar Pradesh on 'Bulldozer Justice' where houses of persons accused in a completely unrelated crime were allegedly demolished by the state as "unauthorised occupation." SC Guidelines For State Govts Before Demolishing Properties For Road Widening Project: The top court further penned down following guidelines for state before acting in pursuance of a road widening project: Ascertain the existing width of the road in terms of official records/maps; Carry out a survey/demarcation to ascertain whether there is any encroachment on the existing road with reference to the existing records/maps; If an encroachment is found, issue a proper, written notice to the encroachers to remove the encroachment; In the event that the noticee raises an objection with regard to the correctness or the validity of the notice, decide the objection by a speaking order in due compliance with the principles of natural justice; If the objection is rejected, furnish reasonable notice to the person against whom adverse action is proposed and upon the failure of the person concerned to act, proceed in accordance with law, to remove the encroachment unless restrained by an order of the competent authority or court; and If the existing width of road including the State land adjoining the road is not sufficient to accommodate the widening of the road, steps must be taken by the State to acquire the land in accordance with law before undertaking the road widening exercise. SC Directs Rs 25 Lakh As Interim Penal Cost In One Month, Action Agiant Erring Offcials In 4 Months While holding the action by the Yogi government high handed, the top court directed: The State must make payment of punitive compensation; The Chief Secretary of the Government of Uttar Pradesh is directed to have an enquiry conducted into the entire matter pertaining to the illegal demolition, against all concerned officers of the state and the contractors who are responsible for the illegal demolition. In addition, disciplinary action must be initiated against any officer who is found to be involved in the illegal demolition, not only of the house of the petitioner but of other similarly situated properties in the area which were similarly demolished without adequate notice; and The Chief Secretary of the Government of UP shall lodge a First Information Report as directed by the NHRC.
History of this topic
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