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Supreme Court of India 2024-11-06 allowed

Bench: 3 — Dr Dhananjaya Y Chandrachud, J B Pardiwala, Manoj Misra

In Brief

A senior journalist's ancestral house in Uttar Pradesh was demolished during a national highway widening project without written notice or established legal justification. The Supreme Court held that the demolition was unlawful and high-handed. The Court established binding procedural safeguards requiring states to verify road widths from official records, conduct proper demarcation, issue written notice, allow objections, and respect property rights. Where additional land is needed, it must be lawfully acquired beforehand. Demolition must be limited to actual encroachment. The Court awarded Rs 25 lakhs compensation and directed criminal investigation and disciplinary action against responsible officers, reinforcing that due process is non-negotiable under the rule of law.

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Constitutional Law Right to Property Administrative Law Due Process Demolition Road Widening Encroachment Human Rights Rule of Law State Accountability Procedural Safeguards

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