The Supreme Court today decided the issue of the illegal demolition of residential structures belonging to six individuals, including a member of the Bar and a professor whose library was destroyed, and ordered the Prayagraj Development Authority to pay Rs 10 lakh compensation to each of them.

The Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan set aside the impugned order of demolition and remarked, “...action of demolition is completely illegal, which violates the right of the Appellants to shelter guaranteed by Article 21 of the Constitution of India. Moreover, carrying out demolition in such manner shows insensitivity on the part of statutory development authority.”

The Appellants were represented by Senior Advocate Abhimanyu Bhandari, while the Attorney General for India R. Venkataramani, represented the Respondents

On March 1, 2021, a demolition notice was issued and served on the Appellants on March 6, 2021, with the demolition carried out the next day, March 7, 2021, without providing them a reasonable opportunity to present their case before the appellate authority under Section 27(2) of the UP Urban Planning Act. One of the Appellants is a member of the Bar, while another is a professor whose entire library was demolished, leaving them displaced. Additionally, the Allahabad High Court dismissed the petition by relying on a letter dated September 15, 2020, which was presented in court without allowing the Appellants to challenge its contents.

By an earlier order, the Court permitted the reconstruction of the demolished houses, on the condition that the Appellants provide an undertaking to demolish them if their appeals were dismissed. However, the Appellants informed the Court that they lacked the financial means to rebuild.

The Court exclaimed, “These cases shock our conscience. Residential premises of the Appellants have been high-handedly demolished in the matter which we have discussed in detail”.

The Court criticized the Prayagraj Development Authority for disregarding established legal procedures before proceeding with the demolitions. It took note of the fact that the required statutory notices had not been duly served upon the affected residents. The Court recorded a that notice had not been served properly and condemned the practice of affixing notices without ensuring actual service, stating, “It cannot be that a person entrusted with the job of serving notice goes to the address and affixes it after finding that, on that day, the person concerned is not available.”

The Court passed an order setting aside the impugned order of demolition, and remarked, “…authorities and especially Development Authority must remember that right to shelter is also integral part of Article 21 of the Constitution of India. Moreover, there is something known as rule of law in our country which is held to be part of Basic Structure of the Constitution.”

The Bench directed the Prayagraj Development Authority to pay Rs. 10 lakhs to each of the six individuals whose houses were demolished and remarked, “Considering the inhuman and illegal manner in which demolition was carried out, the planning authority must be saddled with costs.”

Consequently, the Court set aside the impugned order of demolition, with liberty to Appellants to file appropriate proceedings for establishing their title and interest in respect of the subject property.

Justice Bhuyan concluded by sharing, “There is a recent video date in which, a small-town hut is being demolished by bulldozers and a small girl running away from that demolished hut with a clutch of books from that demolished hut. It has shocked everybody.”

Cause Title: Zulfiquar Haider & Anr. v. State Of Uttar Pradesh & Ors (Special Leave to Appeal (C) No.6466/2021)

Justice Abhay S.OkaJustice Ujjal Bhuyan

Namrata Banerjee

Supreme Court Correspondent

Namrata is a Correspondent covering the Supreme Court of India. She has previously practiced law and worked in-house with a Public Sector Undertaking.