Supreme Court Slams UP Govt: The Supreme Court has once again reprimanded the Uttar Pradesh government over its controversial bulldozer action, which resulted in the wrongful demolition of five houses in Prayagraj. The court strongly condemned the act, stating that it sends a wrong message and ordered the government to reconstruct the houses at its expense.
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The Case: Wrongful Demolition in Prayagraj
According to reports by Bar and Bench, the affected individuals, including lawyer Zulfiqar Haider, professor Ali Ahmed, two women, and another person, approached the Supreme Court seeking justice. Their houses, located on the same plot, were demolished just a day after receiving a notice in March 2021. The victims claimed that the government mistakenly believed their land belonged to the infamous gangster-turned-politician Atiq Ahmed.
SC Expresses Shock Over the Incident
During the hearing on March 5, a bench comprising Justice Abhay S Oka and Justice N Kotishwar Singh described the demolition as “shocking” and criticized the state’s failure to follow due process. The justices pointed out that under Article 21, no person can be deprived of their life and personal liberty except by the procedure established by law.
“You are taking such drastic action of demolishing houses, and the victims include a lawyer and a professor. Do you not recognize the significance of Article 21 and the ‘Right to Shelter’?” Justice Oka questioned.
UP Government’s Justification Dismissed
Representing the state, Attorney General R Venkataramani argued that reasonable time was given for a response to the demolition notice. However, the court rejected this argument, questioning why the notice was simply pasted on the property rather than being properly delivered.
“Why was the notice not sent via courier? Anyone can paste a notice and then destroy property. This is outright vandalism and an atrocity!” the court remarked.
Petitioners Demand Justice
Advocate Abhimanyu Bhandari, representing the victims, stated that the government mistook their land for Atiq Ahmed’s property, leading to wrongful demolition. The petitioners demanded that the state acknowledge its mistake and take corrective measures.
SC Orders Houses to Be Rebuilt
Taking a firm stance, the Supreme Court ruled that the houses must be reconstructed at government expense. If the state wishes to challenge the ruling, it must file an affidavit and follow legal procedures. The court also made it clear that the case should not be sent to the Allahabad High Court, as further delay would prolong the victims’ suffering.
Next Hearing Date: March 21, 2025
Background: Allahabad High Court’s Initial Dismissal
Earlier, the Allahabad High Court had dismissed the victims’ petition, citing the state’s claim that the land was Nazul land meant for public use. According to records, the lease had expired in 1996, and subsequent applications to convert the land to freehold were rejected in 2015 and 2019. As a result, the administration had used bulldozer action to clear what it deemed “illegal occupation.”
Victims Say They Had No Time to Respond
The victims stated that they received the demolition notice on the night of March 6, 2021, with the date mentioned as March 1. Just hours later, on March 7, their homes were demolished, leaving them homeless and without any opportunity to contest the action.
Supreme Court’s Strong Stand on Bulldozer Actions
This case is one of several instances where the Supreme Court has questioned the UP government’s bulldozer actions. The court has previously warned against selective demolitions and emphasized that law and due process must be followed in every case.
“If you wish to act against illegal properties, do so lawfully. No government has the right to violate fundamental rights under the guise of law enforcement,” the court stated in an earlier case.
Political and Social Repercussions
The Supreme Court’s ruling has sparked political debates and public discussions about government accountability and human rights violations in India. Many legal experts believe that this judgment will set a precedent for future cases involving demolition drives across the country.
Justice for the Victims?
With the Supreme Court ordering reconstruction of the demolished houses, the victims may finally get some relief. However, whether the UP government will comply or challenge the ruling remains to be seen. The next hearing on March 21, 2025, will likely decide the course of action.
Supreme Court Guidelines on Bulldozer Action
15 Days’ Notice Before Bulldozer Action, Responsible Officers to Bear Costs for Mistakes
Show-Cause Notice
- No demolition will be done without issuing a show-cause notice.
- Notice will be sent to the property owner via post and will also be pasted on the property’s wall.
- 15 days will be given after sending the notice.
- The information will be given to the Collector or District Magistrate.
- Nodal officers will be assigned to monitor the process.
- A digital portal should be created to upload action notices and orders.
Personal Hearing
- Officials will listen to the property owner’s arguments, and the hearing will be recorded.
- A final order will be issued, explaining whether the property will be demolished or not.
- No action will be taken for 15 days after the final order, allowing the owner to demolish or remove it voluntarily.
- During this period, the property owner can also appeal against the final order.
Property Demolition Process
- If the property owner does not obtain a stay on the order, bulldozer action will be taken.
- The demolition process will be recorded via video.
- A report of the entire process will be prepared and submitted to the Municipal Commissioner.
- The report will also be uploaded to the digital portal.
Action on Violation of Guidelines
- If there is a violation of the guidelines during the demolition process, a contempt of court case will be filed.
- The responsible officer will bear the cost of rebuilding the demolished property and providing compensation.
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