Court Orders Restoration of Property and Inquiry into Officials’ Conduct for Violating Rule of Law
In a significant ruling, the Allahabad High Court has condemned the actions of the Uttar Pradesh state officials for illegally demolishing a property without following statutory procedures or Supreme Court guidelines. The court, presided over by Justice Alok Mathur, found the actions of the state in violation of the rule of law and fundamental rights, leading to the imposition of an exemplary cost of Rs. 20 lakh on the state.
The case, titled Savitri Sonkar v. State of U.P., centered around the wrongful correction of revenue records and the subsequent demolition of structures on land owned by the petitioner, Savitri Sonkar. The court noted that the proceedings for the correction of records were initiated under Section 38(5) of the U.P. Revenue Code without any notice to the petitioner, who was the recorded tenure holder. The land was unilaterally declared as Gaon Sabha land, and the structure was demolished without adhering to statutory procedures.
Justice Mathur emphasized that the actions of the revenue officials were illegal and arbitrary, as no opportunity of hearing was provided to the petitioner. The court reiterated that Section 38 of the U.P. Revenue Code cannot be used to settle title disputes. Furthermore, the demolition was executed without following the legal procedures under Section 67 of the Revenue Code or the guidelines established by the Supreme Court in 2024, which mandate prior notice and an opportunity to respond before any demolition.
The court ordered the state to restore possession of the vacant land to the petitioner within two weeks and mandated an inquiry into the actions of the responsible officials. This inquiry is to be conducted by an officer not below the rank of Additional Chief Secretary. The court stressed the need for the state to educate its revenue officials to prevent such violations in the future.
The judgment has been hailed as a strong affirmation of the rule of law and the protection of constitutional rights, specifically the right to property under Article 300A of the Constitution of India.
Bottom Line:
Illegal and arbitrary correction of revenue records under Section 38 of U.P. Revenue Code and subsequent demolition without following statutory prescriptions or Supreme Court guidelines; exemplary cost imposed on State for violation of rule of law and fundamental rights.
Statutory provision(s): U.P. Revenue Code, 2006 Sections 38(5) and 67, Constitution of India, 1950 Article 300A
Savitri Sonkar v. State of U.P., (Allahabad) : Law Finder Doc Id # 2829079
