In Re Manoj Tibrewal Akash,2024

In This case Apex Court held that state authorities are obligated to follow due process before removing encroachments and what steps should be implemented to ensure fairness in road widening projects involving encroachments. In this judgment the Apex Court issues guidelines to the state govt. The facts are as follows: 

• The case arose from complaints regarding arbitrary encroachments and their removal for road widening projects. 
• Allegations of "bulldozer justice" were raised, questioning due process and the adherence to the rule of law. 
• Filed under Article 32 of the Constitution by Manoj Tibrewal Akash, highlighting violations of natural justice and unlawful demolitions. 
• Addressed the lack of procedural safeguards and arbitrary actions by State authorities. 
• Criticized practices that bypass the legal framework, equating them to "bulldozer justice." 

• Whether State authorities are obligated to follow due process before removing encroachments. 
• What steps should be implemented to ensure fairness in road widening projects involving encroachments. 

• Rule of Law:
  • The judgment reinforces the supremacy of the rule of law and the necessity of procedural safeguards in administrative actions.
• Uniformity in Approach:
  • By laying down steps for encroachment removal, the Court aimed to eliminate inconsistencies and arbitrary practices across jurisdictions.
• Humanitarian Perspective:
  • Recognized the socio-economic impact of demolitions and emphasized the need for humane considerations. 
• Impact: 
  • The judgment sets a significant precedent for urban development projects, ensuring transparency, accountability, and protection of individual rights.