On Thursday, the Jharkhand High Court ordered the State government to pay ₹5 lakh as compensation for unlawfully demolishing a privately owned building housing five shops [Rajendra Prasad Sahu v. State of Jharkhand and Others]. Additionally, the Court directed the State to pay an additional ₹25,000 for the mental anguish suffered by the shop owner due to the State’s arbitrary actions.
Justice Sanjay Kumar Dwivedi’s Bench strongly criticized the State’s actions, denouncing them as completely illegal, arbitrary, and whimsical. The Court stressed that State authorities must adhere to the principles of etat de droit, ensuring that all actions are conducted within the bounds of law and the Constitution. It emphasized the importance of natural justice, asserting that affected individuals must be given a fair hearing before any such drastic actions are taken.
“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 stated.
The ruling underscored that while the right to property is no longer a fundamental right, it remains protected under the Constitution and as a human right. The Court’s judgment on June 27 highlighted the significance of property rights in upholding other fundamental rights.
By way of background, the petitioner, Rajendra Prasad Sahu, had constructed five shops in 1997 on raiyat land that he had purchased in 1973. Despite ongoing disputes over land rights and administrative decisions against him, including cancellations and refusals of rent receipts, Sahu’s shops were demolished by the district administration in 2011 without legal basis or prior notice.
In response to Sahu’s plea, the High Court ruled in his favor, ordering the State to compensate him for the demolition and the mental suffering caused. Advocates Ayush Aditya and Akash Deep represented the petitioner, while Government Advocate Manoj Kumar and Advocate Rakesh Kr. Roy appeared for the State.
