(Image source from: Indiatoday.in)
The Supreme Court has strongly criticized the Uttar Pradesh government and the Prayagraj administration for their demolition actions in the city, labeling the operation as "unconstitutional" and "inhuman." “This is a matter that shocks our conscience. There exists a fundamental right to shelter and due process under the law,” the bench, composed of Justice AS Oka and Justice Ujjal Bhuyan, expressed today, while mandating a compensation of 10 lakh rupees to the homeowners who sought judicial relief. Previously, the court had condemned the Uttar Pradesh government for destroying the residences of a lawyer, a professor, and several others without adhering to established legal protocols. Petitioners, including Advocate Zulfiqar Haider and Professor Ali Ahmed, shared with the court that they received notification merely the night before their homes were demolished. The legal representative for the petitioners clarified that the authorities had wrongfully identified the land their homes occupied as belonging to gangster Atiq Ahmed, who was killed in 2023.
The court also criticized the manner in which demolition notices were delivered. While the state’s counsel claimed that these notices were posted at the properties, the court raised concerns about why they were also sent via registered mail. “This practice of affixing notices must cease. They have lost their homes due to this... And establish a compensation amount of 10 lakh in each instance. This is the sole method to ensure that the authorities consistently remember to adhere to due process," Justice Oka stated. “These instances disturb our conscience. The residences of the appellants have been demolished in an arbitrary manner, which we have thoroughly examined,” the court declared in its ruling.
The court emphasized that those affected by the demolitions were not given a “reasonable opportunity” to react to the notices. “Authorities, particularly the development agency, must understand that the right to shelter is an essential component of Article 21 of the Constitution of India,” it added, emphasizing that conducting demolitions in such a fashion reflects a lack of sensitivity on the part of the statutory development authority. The court also referenced a widely circulated video from a demolition incident in Ambedkar Nagar, Uttar Pradesh, showing a young girl clutching her books while a bulldozer destroyed homes. “Such scenes are distressing to everyone,” Justice Bhuyan remarked.
