The Supreme Court of India on Tuesday rapped the CM Yogi-Adityanath-led Uttar Pradesh government over the Prayagraj demolition. The apex court cited ‘rule of law’ and asserted that residential structures of citizens cannot be demolished in “such fashion”.
The Supreme Court on Tuesday pulled up the Yogi Adityanath government and Prayagraj Development Authority calling its bulldozer action in Prayagraj as “inhuman and illegal”.
In November 2024, the Supreme Court of India had laid down pan-India guidelines on demolition of properties. The SC had stated that it finds it necessary to issue certain directions in the exercise of its powers under Article 142 of the Constitution, in order to allay the fears in the minds of the citizens.
Observing the demolition action was carried out in a “high handed” manner, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan directed the authority to pay within six weeks ₹10 lakh compensation each to the house owners.
Attorney General R. Venkataramani, defending the Uttar Pradesh government’s bulldozer actions in Prayagraj, assured the Supreme Court that proper “due process” was followed in serving demolition notices, while highlighting the challenge posed by large-scale illegal occupations and the difficulty in controlling unauthorised possession.
What is the Prayagraj Demolition Case?
The petitioners’ counsel had said the Yogi Adityanath-led Uttar Pradesh government wrongly demolished the houses thinking the land belonged to gangster-politician Atiq Ahmed, who was killed in 2023 in a police encounter.
The petitioners also alleged that the demolitions were carried out within 24 hours of serving notices, leaving residents without adequate time to appeal.
The top court was hearing a plea by advocate Zulfiqar Haider, professor Ali Ahmed and others whose houses were demolished.
The Allahabad High Court had earlier rejected their plea challenging the demolition.
The petitioners had been reportedly served a notice on March 6, 2021 with respect to certain constructions at Lukerganj in Prayagraj district.
What did Supreme Court Say on Prayagraj Demolition?
The top court said it would allow the reconstruction of the demolished homes at the cost of the petitioners given their undertakings of filing the appeals before the appellate authority within the specified time and not claiming equities over the plot or creating third-party interests.
If their appeals get dismissed, the court said, the petitioners must demolish the houses at their own cost. The matter was adjourned to enable the petitioners to file the undertaking.
Justices Abhay S Oka and Ujjal Bhuyan said there was “rule of law in the country” and residential structures of citizens couldn’t be demolished in such fashion.
“This shocks our conscience. There is something called right to shelter, due process of law,” the bench said.
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