NHRC awards Rs 2 lakh relief in property demolition case

Setting aside an SDMC contention that it could demolish any unauthorised construction without prior notice, National Human Rights Commission today asked Delhi government to pay compensation of Rs 2 lakh to the owner of a building which was brought down, saying that "the demolition was against the law".
Citing the provisions of the amended Manual of Instructions on Unauthorised Constructions, NHRC recommended monetary relief for the owner of the property.
A compliance report along with proof of payment has also been sought within six weeks.
In its order issued to the Delhi Chief Secretary, NHRC also said that the owner of the building may take recourse to further legal proceedings seeking any other relief.

On December 17, 2011, a complaint was filed with NHRC by the owner of the said building that, when he was away with his family, his house, located in the Uttam Nagar area was demolished by the authorities.
He added in the complaint that he had received no prior notice about the action.

"(NHRC) found that at no stage did MCD authorities carry out a survey of illegal constructions and the complainant's house was not included in the list of unauthorised buildings on the date of its demolition.
"Moreover, the owner of the house was not given any prior notice, which is against the amended Manual of Instructions on Unauthorised Constructions," an NHRC statement said.

"This violation of law has certainly caused the complainant and his family mental trauma as well as loss of property and valuables. Hence, a case of breach of human rights was made out," the statement added.