The petitioners maintained their houses were razed on March 7, 2021, following a demolition order that was served to them on March 6 – not giving them enough time to go to the appellate body to contest the executive overreach
Team Clarion
NEW DELHI – Coming down heavily on the Uttar Pradesh government of Chief Minister Yogi Adityanath, the Supreme Court on Tuesday directed the Prayagraj civic body to pay Rs 10 lakh in compensation to each petitioner whose house was demolished in 2021 under the false premise that the plot belonged to the late Samajwadi Party leader Atiq Ahmed.
Observing the demolition action was carried out in a “high-handed” manner, a bench comprising Justices Abhay S Oka and Ujjal Bhuyan said there was a “rule of law in the country” and residential structures of citizens couldn’t be demolished in such fashion.
Calling out the Prayagraj civic authorities for their “insensitivity,” the top court observed: “These cases shock our conscience.”
The top court, therefore, directed the authority to pay the compensation to the house owners within six weeks.
The apex court had previously slammed the Uttar Pradesh government over the demolition action in Prayagraj without following the due legal procedure and said it sent a “shocking and wrong signal”.
“It’s an unfortunate state of affairs where there is illegal demolition and persons involved don’t have the capacity to construct,” the court further observed.
The court said the demolition was not only illegal but also violative of the most important fundamental right – the right to shelter, which falls under the right to life. “Residential premises/ buildings have been high-handedly demolished,” the Supreme Court stated in its ruling.
Thus, the court ordered the state government to pay all appellants – a lawyer, a professor, and two women whose residential structures, located in a compound in the Lukerganj area of Prayagraj, were demolished in 2021 – Rs 10 lakh each in compensation.
The court was alarmed by the fact that the demolitions occurred within 24 hours of serving notices, depriving the property owners of the opportunity to file appeals.
Atiq Ahmed, a former member of the Uttar Pradesh assembly and a member of Parliament, and his brother Ashraf were gunned down in police custody in Prayagraj while they were being taken for medical examination.
According to the petitioners including advocate Zulfiqar Haider and Professor Ali Ahmed, their houses were razed on March 7, 2021, following a demolition order that was served to them on March 6 – not giving them enough time to go to the appellate body to contest the executive overreach.
The appellants approached the Supreme Court after the Allahabad High Court had rejected their petition challenging the state government’s action.
