NEW DELHI: The Supreme Court on Tuesday came down heavily on the
Uttar Pradesh government
and
Prayagraj development authority
over 'inhuman and illegal' demolition of houses without following due process of law.
"These cases shock our conscience. Residential premises of the appellants have been high-handedly demolished in the matter which we have discussed in detail," a bench comprising Justices Abhay S Oka and Ujjal Bhuyan said while pronouncing the order in a case related to demolition of houses in Prayagraj, Uttar Pradesh.
"The authorities and especially the development authority must remember that the
right to shelter
is also an integral part of
Article 21 of the Constitution
of India," the SC bench remarked.
In 2021, the Allahabad development authority had demolished houses of a lawyer, a professor, and three others in Prayagraj.
The Supreme Court also directed the authority to pay Rs 10 lakh compensation each to the house owners. "Considering the illegal action of the demolition, which is in violation of the rights of the appellants under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of 10 lakhs each to the appellants," the Apex court remarked.
The Supreme Court had earlier criticized the Uttar Pradesh government for carrying out demolitions in Prayagraj without following legal procedures, saying that it sent a "shocking and wrong signal."
The petitioners' lawyer argued that the state government wrongly demolished houses, assuming the land belonged to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023.
The case was brought before the top court by advocate Zulfiqar Haider, professor Ali Ahmed, and others whose houses were demolished.
Earlier, the Allahabad high court had dismissed their plea challenging the demolition. The petitioners had reportedly received a notice on March 6, 2021, regarding certain constructions in Lukerganj, Prayagraj district.
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