Legal

SC Slams Illegal Demolitions; Orders ₹10 Lakh Compensation Per Victim

The Supreme Court has strongly criticized the Uttar Pradesh administration for the illegal demolition of homes in Prayagraj in 2021.

The court directed the Prayagraj Development Authority to compensate each petitioner-advocate Zulfikar Haider, Professor Ali Ahmad, two widows, and another individual with ₹10 lakh within six weeks.

A bench led by Justice Abhay S Oka ruled that the demolitions, conducted without prior notice, were entirely unlawful and lacked sensitivity.

The court deemed the act unconstitutional and stressed that such incidents should not recur.

Court Condemns Lack Of Due Process

The Supreme Court found that authorities had issued demolition notices and executed the action within just 24 hours, a timeline the court declared illegal.

The justices ruled that the government’s actions were arbitrary, violating Article 21 of the Constitution, which guarantees the right to life and liberty.

The court referred to a video showing a young girl running from a collapsing building with her books, calling it a heart-wrenching sight.

The bench emphasized that the government must respect legal procedures before taking such drastic actions.

SC Warns Against Arbitrary Demolitions

The court underscored the need for strict legal adherence before carrying out demolitions.

It warned that governments must avoid destroying homes without due process and proper notice.

Justice Oka emphasized that compensation was essential to deter similar unconstitutional actions in the future.

Previously, the Supreme Court had harshly criticized the Uttar Pradesh administration, stating that such demolitions create fear in society and send a dangerous message.

The bench even considered ordering the state to reconstruct the demolished homes at its own expense.

High Court’s Prior Ruling Overturned

Before reaching the Supreme Court, the Allahabad High Court had dismissed the petition, ruling that the disputed land was a ‘nazul’ plot, government-leased land, whose lease had expired in 1996.

The petitioners had applied for freehold status in 2015 and 2019, but both applications were rejected, and the government had designated the land for public use.

However, the Supreme Court overruled the High Court’s decision, asserting that the lack of proper legal procedures made the demolition unconstitutional.

The ruling serves as a strong warning to authorities to follow due process and respect citizens’ fundamental rights before carrying out demolitions.

Also Read: Supreme Court Dismisses Tushar Gandhi’s Plea Against Sabarmati Ashram Redevelopment

Gopal Krishna

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