New Delhi:
Coming down heavily on the Uttar Pradesh government and the Prayagraj administration for bulldozer action in the city, the Supreme Court has said the demolition drive was “unconstitutional” and “inhuman”. “This shocks our conscience. There is something called right to shelter, due process of law,” the bench of Justice AS Oka and Justice Ujjal Bhuyan said today, while ordering Rs 10 lakh compensation for homeowners who approached the court for relief.
Earlier, the court had slammed the Uttar Pradesh government for razing the homes of a lawyer, a professor and some others without following due procedure. Advocate Zulfiqar Haider, Professor Ali Ahmed and three others, whose homes had been demolished, had told the court that they were given notices just one night before the bulldozer action.
The lawyer representing the petitioners had told the court that the authorities mistakenly identified the land on which their homes were built as belonging to gangster Atiq Ahmed, who was murdered in 2023.
The court also pulled up the authorities for the manner in which the demolition notices were served. While the State counsel said the notices were affixed at the properties, the court questioned why the notices were not sent by registered post.
“This affixing business must be stopped. They have lost their houses because of this… And fix compensation of Rs 10 lakh in each case. That is the only way to do this. So that this authority will always remember to follow due process,” Justice Oka said.
“These cases shock our conscience. Residential premises of the appellants have been high handedly demolished in matter which we have discussed in detail,” the court said in its order.
The court noted that those whose homes were demolished were not provided “reasonable opportunity” to respond to the notice. “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,” it said, adding, “Carrying out demolition in such a manner shows insensitivity on the part of the statutory development Authority.”
The court also referred to the viral video of a demolition drive in Uttar Pradesh’s Ambedkar Nagar, in which a girl was seen holding her books close as a bulldozer razed homes. “Everyone is upset about such scenes,” Justice Bhuyan said.
