In a scathing indictment of arbitrary demolitions, the Supreme Court on Tuesday pulled up the Prayagraj Development Authority for illegally razing six homes, including those of a lawyer and a professor, without following due process. Expressing shock over the high-handedness of the authorities, the Court awarded ₹10 lakh in compensation to each affected individual, amounting to a total of ₹60 lakh.
A bench comprising Justices Abhay S Oka and Ujjal Bhuyan ruled that the demolitions, carried out within 24 hours of serving notices, were a blatant violation of Article 21 of the Constitution, which guarantees the right to shelter.
“These cases shock our conscience. Residential premises of the appellants have been high-handedly demolished… The development authority must remember that there is a right to shelter under the Constitution of India and something known as the rule of law in this country,” the bench observed.
Due Process Violated
The Court criticized the manner in which statutory notices were served, highlighting that a show-cause notice under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973, was issued and affixed on December 18, 2020, with no genuine attempts at personal service. The demolition order followed on January 8, 2021, but it was only on March 1, 2021, that a notice was sent by registered post, which reached the petitioners on March 6. Shockingly, their homes were demolished the very next day, depriving them of any opportunity to appeal under Section 27(2) of the Act.
“It is obvious that genuine efforts are required to be made for effecting service in person. It cannot be that the person entrusted with the job of serving notice goes to the address and affixes it after finding that on that day the person concerned is not available,” the bench observed, calling the demolitions “completely illegal.”
Government’s Justification Rejected
During the hearing, Attorney General R Venkataramani, representing the Uttar Pradesh government, argued that the petitioners had alternative accommodation and were not entitled to compensation. However, the Court rejected this contention, emphasizing that procedural safeguards could not be ignored.
“How this was demolished… it shocks our conscience. There is a right of shelter, there is some kind of rule of law,” the Court stated.
Initially, the bench considered allowing the petitioners to reconstruct their homes, provided they filed appeals and bore re-demolition costs if unsuccessful. However, the petitioners, citing financial constraints, opted for compensation instead.
Setting a Precedent for Accountability
Justice Oka underscored the necessity of awarding compensation to ensure accountability.
“We will record this whole thing as illegal. And fix compensation… that is the only way to do this, so that this authority will always remember to follow due process,” the Court remarked.
The ₹60 lakh compensation is to be paid within six weeks. The bench also directed the Prayagraj Development Authority to strictly adhere to demolition guidelines established in a recent 2024 judgment.
While the ruling does not address ownership claims over the land, the petitioners retain the right to initiate legal proceedings to establish their title.
The petitioners were represented by Senior Advocate Abhimanyu Bhandari, while advocate Rooh-e-Hina Dua filed the petitions.
Case: Zulfiquar Haider & Anr. vs State of Uttar Pradesh & Ors – Available on LAWFYI.IO
