Court tells Uttar Pradesh authorities to foot the bill for the reconstruction of houses demolished in 2021 bulldozer action
Team ClarionÂ
NEW DELHI — In a sharp rebuke to the Uttar Pradesh government, the Supreme Court has criticised the bulldozer demolition of properties in Prayagraj, carried out in March 2021. The Court has warned that it could order the government to rebuild the demolished properties at state expense, following the allegations of illegal and hasty actions.
The demolition, which targeted the properties of five individuals, including Professor Ali Ahmed and lawyer Zulfiqar Haider, took place on Sunday, March 7, 2021. The petitioners claimed that they were not given sufficient notice to defend their property before the bulldozers arrived. The notices were said to be issued on the night of March 6, 2021, despite being dated March 1. According to the petitioners, the land on which the houses were built was leased to them, but the administration linked their properties to the infamous mafia figure, Atiq Ahmed, in justifying the demolition.
“Do you know that there is such a thing as Article 21 (right to life) in the Constitution?” asked Justice Abhay S. Oka during the hearing, strongly questioning the actions of the Uttar Pradesh authorities. He added that the demolition was carried out in haste and suggested that rebuilding the homes at the government’s expense might be a suitable remedy.
The petitioners argued that they had been leaseholders of the land since 1906, and although the lease technically expired in 1996, they had applied for its conversion to freehold status. Their requests were rejected in 2015 and 2019, leading to their eventual demolition under the pretext of removing illegal encroachments.
Earlier, the Allahabad High Court had dismissed the petition, siding with the state government’s claim that the land was intended for public use, and the properties were built on expired leases. The High Court had also accepted the government’s position that the demolition was part of a larger effort to clear encroachments linked to crime and mafia activity.
However, the Supreme Court did not accept the Uttar Pradesh government’s argument. “You cannot simply demolish someone’s home without giving them adequate time to defend themselves,” remarked Justice N. Koteshwar Singh. The Court also referred to a previous judgment, which emphasised that demolitions should not be carried out without due process, including providing individuals the opportunity to legally contest the actions.
The Supreme Court has scheduled the next hearing for March 21, rejecting the government’s suggestion to send the matter back to the High Court for reconsideration. The top court’s stance signals a potential shift in how such demolitions are handled, with a firm emphasis on ensuring fairness and due process for all parties involved.
