This is a case of illegal demolition and the result is that a lady, who had to bear its brunt, is liable to be compensated, ruled a Division Bench of the High Court.
The Government is free to recover a sum of Rs 2 lakhs from engineers of PWD working in Nedumkandam of Idukki district.
Safiya, a resident of Udumbanchola, had challenged the action of the department when part of her building was demolished by the PWD engineers to widen road.
A single bench had directed in favour of Safiya and yet demolition took place upon which compensation was ordered. It was challenged by the government and engineers.
The division bench upheld the single bench order and dismissed the appeal.
The division bench observed that there has been evidence to the effect that the building was in her own land and did not encroach government land. In such a situation, the action of the engineers was totally illegal and is liable to be compensated.
Her fundamental rights have been grossly violated by the illegal action of the respondents. The order of the single judge needs no interference at all, ruled the division bench.