SC Slams UP Govt Over Prayagraj Demolitions, Warns of Reconstruction Order

SC Slams UP Govt Over Prayagraj Demolitions, Warns of Reconstruction Order

The Supreme Court has strongly rebuked the Uttar Pradesh government for demolishing the houses of a lawyer, a professor, and three others in Prayagraj, stating that such actions send a “shocking and wrong signal.”

The Court emphasized that demolitions must follow due process and cited its previous ruling on “bulldozer justice.” It further warned the State that it could be directed to reconstruct the properties at its own expense if procedural violations were found.

The case was brought before the Court by advocate Zulfiqar Haider, professor Ali Ahmed, two widows, and another individual, who challenged the demolition of their properties. According to the petitioners, authorities issued demolition notices late on a Saturday night and proceeded with the action the very next day, leaving them no opportunity to contest it. They asserted that they were lawful lessees and had applied to convert their leasehold rights into freehold property.

The petitioners’ counsel contended that the State had wrongly linked their land to gangster-politician Atiq Ahmed, who was killed in 2023. They argued that the demolitions were executed without adherence to legal procedures, depriving them of a fair chance to appeal. As per their claim, the demolition notice was issued on March 1, 2021, served on March 6, and executed the following day—denying them reasonable time to challenge it under Section 27(2) of the Uttar Pradesh Urban Planning and Development Act.

They further pointed out that the Allahabad High Court dismissed their plea based on a letter dated September 15, 2020, without giving them an opportunity to contest it.

In defense, Attorney General R. Venkataramani asserted that the petitioners had ample time to respond to the notices. However, the Supreme Court questioned the manner in which the notices were served, pointing out discrepancies in the State’s claims. The Attorney General suggested sending the matter back to the High Court, but the Supreme Court rejected the proposal, calling it an unnecessary delay.

Earlier, the Allahabad High Court had ruled that the demolished properties were on a Nazul Plot leased in 1906, with the lease expiring in 1996. Applications for conversion to freehold were rejected in 2015 and 2019. The State maintained that the land was earmarked for public use and that the petitioners had no legal rights, as they had not secured approval from the District Collector. Declaring the structures unauthorized, the High Court dismissed their petition.

Taking a firm stance, the Supreme Court rebuked the State's actions. Justice Abhay S. Oka remarked, “There is something called Article 21.” He further referenced the Court’s previous ruling on demolitions, stating, “There is now a judgment of the co-ordinate bench on bulldozer justice also.” In a sharp rebuke, he added, “Now we will order reconstruction at your cost, that is the only way to do this.”

The Supreme Court has scheduled the next hearing for March 21, 2025.


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