The Jharkhand High Court has directed the state government to pay ₹5 lakhs in compensation for illegally demolishing five shops belonging to a private citizen, along with an additional ₹25,000 for mental agony caused to the shop owner.
Background:
The case revolves around the illegal demolition of five shops with six shutters belonging to the petitioner, Rajendra Prasad Sahu, by the Jharkhand state authorities on April 29, 2011. The shops were situated on a 5 decimal plot of land in Mouza Chaur, Chatra district, which the petitioner claimed was his raiyati (tenant) land purchased through a registered sale deed in 1973.
Key Legal Issues:
1. Whether the state authorities had jurisdiction to demolish the petitioner’s shops without due process of law
2. Whether the petitioner had valid ownership and possession rights over the disputed land
3. Whether the High Court can grant relief under Article 226 of the Constitution in cases of illegal dispossession
Court’s Observations and Decision:
The court made several important observations while deciding in favor of the petitioner:
1. On illegal demolition:
The court strongly criticized the state’s actions, stating: “The action of the authority in demolishing the shops is nothing but totally illegal, arbitrary and whimsical.” It emphasized that executive actions must be “exercised objectively, rationally, fairly and non-arbitrarily” and should not be taken “in due haste disregarding the procedures.”
2. On land ownership:
The court found that the petitioner had valid documents supporting his ownership, including a registered sale deed from 1973, mutation records, and rent receipts. It noted that the state failed to produce any evidence showing the land was acquired by the government.
3. On High Court’s jurisdiction:
Justice Sanjay Kumar Dwivedi affirmed the High Court’s power to grant relief in such cases, citing precedents: “If any valid right of a person without following the due process of law is jeopardized the writ court cannot be a spectator.”
4. On rule of law:
The court emphasized the importance of adhering to legal procedures, quoting a previous judgment: “If the Court gives acceptance to such high-handed action, there will be no respect for rule of law and unlawful elements would take hold of the due process of law for ransom and it would be a field day for anarchy.”
Final Order:
The High Court directed the state government to:
1. Pay ₹5 lakhs as compensation for the cost of construction of the demolished shops
2. Pay an additional ₹25,000 as compensation for mental pain and agony suffered by the petitioner
3. Comply with the compensation order within six weeks
4. Take action to fix liability on erring officials, if deemed necessary
Also Read
Case Details:
– Case Number: W.P.(C) No. 2628 of 2011
– Bench: Justice Sanjay Kumar Dwivedi
– Petitioner: Rajendra Prasad Sahu @ Rajendra Prasad Shaundik
– Respondents: The State of Jharkhand and others
– Lawyers: Mr. Ayush Aditya and Mr. Akash Deep for the petitioner; Mr. Manoj Kumar for the State
