Supreme Court Slams UP Govt Over Prayagraj Demolitions, Orders Rs 10 Lakh Compensation
The Supreme Court on Tuesday sharply criticized the Uttar Pradesh government and the Prayagraj Development Authority for illegally demolishing homes in Prayagraj in 2021, ordering them to pay Rs 10 lakh compensation to each affected homeowner within six weeks. The court labeled the action “high-handed” and “insensitive,” stressing the need to uphold due process and the right to shelter.
The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, expressed dismay over the demolition of residences belonging to a lawyer, a professor, and three others. The court termed the act a violation of legal norms, emphasizing that such actions cannot be tolerated.
“We will record this whole thing as illegal,” Justice Oka stated, adding, “Fix compensation of 10 lakhs in each case. That is the only way to ensure this authority remembers to follow due process.”
The court highlighted that the demolitions, carried out in Prayagraj’s Lukerganj area, disregarded procedural fairness. “These cases shock our conscience. The residential premises of the appellants have been high-handedly demolished,” Justice Oka remarked.
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The order further noted, “Carrying out demolition in such a manner shows insensitivity on the part of the statutory development authority,” underscoring the breach of constitutional rights.
The Supreme Court emphasized that the right to shelter, enshrined under Article 21 of the Constitution, was blatantly ignored. “The authorities must remember that the right to shelter is an integral part of Article 21,” the bench stated in its order.
This ruling reinforces the judiciary’s stance on protecting citizens from arbitrary actions by state bodies, particularly in cases involving residential properties.
The demolitions took place in 2021 after notices were served on March 6, allegedly linked to constructions on a plot the state believed belonged to gangster-politician Atiq Ahmed, killed in a 2023 police encounter. The petitioners, including advocate Zulfiqar Haider and Professor Ali Ahmed, challenged the action after the Allahabad High Court dismissed their plea.
The top court had previously criticized the Uttar Pradesh government for bypassing due process, calling it a “shocking and wrong signal.”
Justice Oka made it clear that the Rs 10 lakh compensation per case aims to deter such actions in the future. “That is the only way to do this. So that this authority will always remember to follow due process,” he said during the hearing.
The court refrained from commenting on land ownership rights, focusing solely on the illegality of the demolition process.
With the six-week deadline set for compensation disbursement, attention now shifts to the Prayagraj Development Authority’s compliance. Further updates are expected as the state responds to the court’s directive.
