The Jharkhand High Court on Thursday (June 27th) ordered the State government to pay Rs 5 lakhs as compensation for illegally bulldozing a privately owned building with five shops.
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RANCHI: On Thursday, the Jharkhand High Court ordered the State government to compensate Rajendra Prasad Sahu with Rs 5 lakhs for illegally demolishing a privately owned building that housed five shops.
Additionally, the Court mandated the State to pay Rs 25,000 for the mental pain and agony endured by Sahu due to the State’s high-handed actions.
A Bench of Justice Sanjay Kumar Dwivedi strongly criticized the State’s actions, labeling them as “totally illegal, arbitrary and whimsical.” The Court stressed that State authorities must adhere to the principle of etat de droit, which dictates that all State actions must be conducted within the boundaries established by law and the Constitution.
The Court emphasized the necessity of complying with natural justice principles, ensuring that affected individuals are given an opportunity to be heard before such drastic actions are taken. The Court stated,
“This Court therefore, is of the opinion that the action of the authority was illegal and violative of all principles of rule of law which has certainly caused mental pain and injury to the petitioner besides material damages to his property. Such action of the authority must be deprecated.”
The Court further highlighted that, although the right to property is no longer a fundamental right, it remains protected as a constitutional right. The Court’s June 27 ruling articulated,
“The right to property is no longer a fundamental right, but it is still a constitutional right and a human right, and no person shall be deprived of his property save in accordance with law. Even though the right to property is no longer a fundamental right and was never a natural right, it has to be accepted that without the right to property, other rights become illusory.”
Rajendra Prasad Sahu, the petitioner, had built five shops in 1997 on raiyat land (cultivation land over which a tenant may acquire occupancy rights) he purchased in 1973. He paid rent to the ex-landlord as part of the raiyat land transfer arrangement and received rent receipts in return.
In 1988, the Sub Divisional Officer, Chatra, canceled a mutation entry (updating of land revenue records to reflect a change in ownership of property) in favor of Sahu.
Sahu appealed this decision before the Additional Collector, who restored the mutation entry in his name in 1990.
However, in 2005, the Circle Officer, Chatra municipality, ceased issuing rent receipts to Sahu. Despite Sahu’s attempts to deposit rent, the officer refused to accept it. Sahu then filed a representation to the Deputy Commissioner, Chatra, requesting an order to accept the rent and issue receipts.
In 2006, the Circle Officer issued a notice asking Sahu to present documents related to the land. Despite providing the necessary documents, the Circle Officer recommended the cancellation of the running Jamabandi (land revenue records containing land ownership details) on May 23, 2006.
Sahu challenged this decision by filing a writ petition in court, which was disposed of as no final order had been passed at that stage.
Sahu contested the matter before the Land Reforms Deputy Collector, who set aside the Circle Officer’s order and maintained the Jamabandi. Despite this, in 2011, the district administration demolished Sahu’s five shops without initiating any legal proceedings, issuing any notice, or obtaining any court order authorizing the demolition.
This led Sahu to seek relief from the High Court once again. He informed the Court that his shops were forcibly bulldozed by the district administration without following the procedure of law. The State, in its defense, argued that the demolished structures were encroachments and that Sahu had no right to the land.
After examining the arguments from both sides, the Court ruled in favor of Sahu. The Court ordered the State authorities to compensate Sahu for the reconstruction of the demolished property and for the mental pain he suffered.
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