In a scathing order, the Allahabad High Court has imposed a cost of Rs 20 lakh on the Uttar Pradesh government for the illegal demolition of a property in Rae Bareli, terming the actions of the revenue authorities a "very sorry state of affairs." Justice Alok Mathur, highlighting the serious infringement of the constitutional right to property, ordered the restoration of the vacant land to the petitioner and mandated an enquiry against the erring officials.
A Blatant Disregard for Due Process
The case stemmed from the actions of the Sub Divisional Magistrate (SDM) in Raebareli, who unilaterally corrected revenue records to delete the petitioner's name, declaring the land as gram sabha land. Subsequently, a demolition was carried out in March without providing any notice or opportunity for a hearing to the recorded tenure holder.
The petitioner's counsel informed the court that the rights to the property had been established through a civil suit decreed in favour of the petitioner's predecessor as far back as 1975. Despite this clear legal history, the SDM initiated proceedings and ordered the demolition, acting in a manner the court found completely devoid of legal procedure.
Court Upholds Constitutional Right to Property
Justice Mathur's order firmly anchored its reasoning in Article 300A of the Constitution of India, which guarantees the right to property. The court observed that under India's constitutional framework, there is no room for arbitrariness by officials. "It is only the courts which are independent adjudicators of the rights of the parties," the order stated, emphasizing that no one can be deprived of property except through established legal procedure.
The court found the entire process—from the suo motu correction of records to the physical demolition—to be illegal and unfair. It specifically noted that the officials failed to follow mandatory legal procedures and ignored the Supreme Court's 2024 guidelines on demolition of structures.
Heavy Costs and Directives for Systemic Reform
Merely setting aside the illegal order was deemed insufficient for rendering complete justice. "For the aforesaid action, adequate cost has to be imposed, taking into account the conduct of the state officials and the damage caused to the citizen," the court ruled, thereby imposing the Rs 20 lakh compensation on the Rae Bareli district authority, to be paid to the petitioner.
Going beyond the immediate case, the court issued a crucial directive for systemic reform. It noted that the conduct of the Tehsil and SDM indicated ignorance of both the law and judicial directions. The court stressed that the State must take immediate steps to adequately train its revenue officials, as they deal with the serious property rights of Uttar Pradesh's rural population, who are entitled to speedy and quality justice.
The order serves as a powerful reminder of the limits of executive power and the judiciary's role in protecting fundamental rights from capricious state action.
