New Delhi: The Supreme Court on Tuesday criticised the Uttar Pradesh government for its continued use of bulldozers on properties of accused or convicted individuals without adhering to due process. The apex court strongly rebuked the state’s actions, stating that such measures send a “shocking and wrong message.”

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan was hearing a plea filed by five petitioners, including advocate Zulfiqar Haider and professor Ali Ahmed, whose homes were demolished in Prayagraj. 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.

“This shocks our conscience. There is something called right to shelter, something called due process,” remarked Justice Oka, condemning the destruction of the petitioners’ properties.

Court orders Rs 10 lakh compensation, allows reconstruction

In a significant move, the Supreme Court directed the UP government to compensate each petitioner with Rs 10 lakh. “That is the only way to do this. So that this authority will always remember to follow due process,” the bench stated.

Additionally, the court granted the petitioners permission to rebuild their demolished houses, provided they file an undertaking. This undertaking requires them to commit to filing appeals within the designated period, refrain from making equity claims on the land, and avoid creating third-party interests. If their appeals are dismissed, they must take down the structures at their own cost. The case was adjourned to allow the petitioners time to submit the undertaking.

State acted hastily, ignoring due process

The petitioners challenged the demolition orders after their plea was dismissed by the Allahabad High Court. They argued that the authorities served demolition notices late on a Saturday night and razed their homes the following day, denying them any legal recourse.

The petitioners’ counsel further contended that the state wrongly linked their land to slain gangster-politician Atiq Ahmed, who was killed in 2023. The Supreme Court sharply criticised the government for failing to grant the affected individuals reasonable time to challenge the notices.

“State must act very fairly, state must give reasonable time to enable them to file appeal before the structures are demolished. Notice served on March 6, demolition carried out on March 7. Now we will allow them to reconstruct,” Justice Oka stated during a previous hearing.

SC's nationwide guidelines on demolition ignored

The Supreme Court recently issued pan-India guidelines under Article 142 of the Constitution to prevent arbitrary demolitions. According to these guidelines, authorities must provide a minimum of 15 days’ notice to property owners before proceeding with any demolition. The notice must clearly outline the structure to be demolished and the reasons for the action.