Article 300A of the Constitution says that no person shall be deprived of his property save by authority of law
The verdict came against a demolition case in UP in 2019. File pic/PTI
Citizens’ voices cannot be throttled by a threat of destroying their properties and "bulldozer justice" is simply unacceptable under the rule of law, the SC has said.
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Observing that justice through bulldozers was unknown to any civilised system of jurisprudence, a bench headed by CJI D Y Chandrachud said 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," said the bench, which also comprised Justices J B Pardiwala and Manoj Misra.
Article 300A of the Constitution says that no person shall be deprived of his property save by authority of law. The SC delivered its verdict in a matter related to demolition of a house in Maharajganj district of Uttar Pradesh in 2019 while also directing the state to pay Rs 25 lakh compensation to the petitioner, whose house was razed for a road project, as an interim measure. "Justice through bulldozers is unknown to any civilised 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," the verdict delivered on November 6 said.
Rs 25L
Amount to be paid to petitioner
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