On 5th March the Supreme Court expressed displeasure with the Uttar Pradesh government for demolishing houses in Prayagraj without following due process of law and declared that the action gives a “shocking and wrong message.” A bench of Justice Abhay Oka and Justice N Kotishwar Singh objected to the “high-handed” case of demolition and ordered that the demolished properties would need to be rebuilt. The apex court made the comments in relation to the demolition of the houses of a lawyer, a professor, and three others in Prayagraj, stating that such actions send a “shocking and wrong signal.”
“Prima facie, this action sends shocking and wrong signal and this is something that needs to be corrected. You are taking such drastic action of demolishing homes. We know how to deal with such hyper technical arguments. After all, there is something like Article 21 and the right to shelter,” the bench pronounced. Justice Oka said that the court will now order the state to reconstruct the demolished structures. “Now we will order reconstruction at your cost, that is the only way to do this”, Justice Oka said.
Attorney General R Venkataramani backed the state government’s decision and pointed out that the petitioners were given an appropriate amount of time to reply to the notice of demolition.
According to him, the case need to be forwarded to the high court for review. The state government wrongfully destroyed the residences, according to the attorney of the petitioners, on the grounds that the property belonged to deceased gangster Atiq Ahmed, who was assassinated in 2023. Their appeal contesting the demolition was denied by the Allahabad High Court.
The court was hearing the plea filed by Advocate Zulfiqar Haider, Professor Ali Ahmed and others whose houses faced bulldozer action. They had approached the Supreme Court after Allahabad High Court rejected their plea. They alleged that the authorities issued demolition notices late on a Saturday night and demolished their homes the next day, leaving them no chance to challenge the action.
The Prayagraj Development Authority initiated a major campaign against builders and plotters close to the mafia in Uttar Pradesh. The PDA team has cleared more than 18 bighas of land through bulldozers. The builders against whom the Prayagraj Development Authority has taken action are reportedly close to Atiq Ahmed.
On 6th March 2021, the petitioners claimed to have received notice over certain structures that were situated over a section of Nazul Plot No. 19, Lukerganj under the jurisdiction of Khuldabad police station in the Prayagraj district. The petitioners argued that in March 2021, they acquired the notifications on Saturday evening and that demolition proceeded on Sunday.
“How can the house be demolished just because he is accused? Can’t be demolished even if he’s a convict. Even after telling SC Bar, we don’t find any change in attitude,” the apex court noted during last September. Despite their opposition to unapproved development on roads or in other public spaces, the bench stressed that any demolition of property must follow the law. The court emphasized that even if someone has been found guilty, their home cannot be destroyed without first going through the judicial system.
