Supreme Court Takes Exception To High-Handed Case Of Demolition Of Houses Belonging To A Lawyer And Professor In Prayagraj Without Following Legal Procedure- Structures Will Have To Be Reconstructed
A bench comprising Justices Abhay Oka and N Kotishwar Singh expressed strong disapproval of what they termed as a “high-handed” case of demolition and emphasized that the structures that had been demolished must be rebuilt to rectify the situation.
New Delhi: The Supreme Court on Wednesday strongly criticized the Uttar Pradesh government for demolishing houses in Prayagraj without adhering to the required legal procedures. The court remarked that such actions set a “shocking and wrong precedent” and needed to be addressed immediately to prevent similar occurrences in the future.
A bench of Justices Abhay Oka and N Kotishwar Singh raised serious concerns over how the demolitions were carried out and pointed out that such drastic measures, undertaken without due process, could not be tolerated. The judges observed that the structures that were wrongfully demolished would have to be reconstructed as a corrective measure to address the injustice caused to the affected individuals.
“On the face of it, this kind of action sends an extremely shocking and incorrect message. It is something that demands immediate correction. The government is taking extreme steps like demolishing homes without following established legal procedures. We are well aware of how to handle hyper-technical justifications. There exists a fundamental right under Article 21, which guarantees the Right to Shelter, and it cannot be overlooked,” the bench asserted.
Attorney General R. Venkataramani, representing the Uttar Pradesh government, defended the state’s actions by arguing that the petitioners had been given a reasonable amount of time to respond to the demolition notices. He further contended that the case should be referred to the High Court for consideration instead of being adjudicated directly by the Supreme Court.
On the other hand, the counsel representing the petitioners strongly refuted the state government’s stance and argued that the authorities had wrongly assumed that the land in question was associated with gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023. This erroneous assumption, they claimed, led to the unlawful demolition of homes belonging to innocent individuals who had no involvement in any criminal activities.
The Supreme Court was hearing a plea filed by advocate Zulfiqar Haider, Professor Ali Ahmed, and other affected individuals whose houses were demolished. These petitioners had previously approached the Allahabad High Court, which had rejected their plea challenging the demolition.
According to the petitioners, they had received a notice dated March 6, 2021, regarding alleged unauthorized constructions on a section of Nazul Plot No. 19 in Lukerganj, which falls under the jurisdiction of Khuldabad police station in the Prayagraj district. However, they contended that the notices were served to them late on a Saturday night, and without allowing them an adequate opportunity to present their case or seek legal recourse, the authorities proceeded with the demolition on Sunday in March 2021.
The petitioners maintained that the actions of the state government were arbitrary and violative of their fundamental rights. They argued that their homes were destroyed without affording them the proper opportunity to defend their ownership and respond to the allegations regarding the land in question. As the Supreme Court continues to deliberate on the matter, the case highlights significant concerns about due process, governance, and the protection of citizens’ rights in matters concerning property and shelter.
