New Delhi: The Supreme Court on Tuesday delivered a scathing rebuke to the Uttar Pradesh government and the Prayagraj Development Authority over the "inhuman and illegal" demolition of houses, citing violations of due process.
“These cases shock our conscience. Residential premises of the appellants have been high-handedly demolished in the matter which we have discussed in detail,” stated a bench comprising Justices Abhay S. Oka and Ujjal Bhuyan while delivering the verdict.
Emphasizing the constitutional right to shelter, the bench further remarked, "The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India."
The case concerns the 2021 demolition of homes belonging to advocate Zulfiqar Haider, professor Ali Ahmed, and three others in Prayagraj by the Allahabad Development Authority. The Supreme Court ruled the demolitions unlawful and ordered the Prayagraj Development Authority to compensate each affected homeowner with Rs 10 lakh.
"Considering the illegal action of the demolition, which is in violation of the rights of the appellants under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of 10 lakhs each to the appellants," the bench ruled.
The apex court had previously reprimanded the Uttar Pradesh government for its demolition drives in Prayagraj, warning that such actions send a "shocking and wrong signal."
The petitioners' counsel contended that the demolitions were carried out on the mistaken assumption that the land in question belonged to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023. The Allahabad High Court had earlier dismissed the petitioners' plea challenging the demolitions. Notices regarding alleged unauthorized construction were reportedly issued to them on March 6, 2021, in Lukerganj, Prayagraj district.
The Supreme Court's ruling underscores the importance of procedural fairness and serves as a strong rebuke against the arbitrary exercise of state power.
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