Supreme Court Orders Compensation for Illegal Home Demolitions
Prayagraj Development Authority to Pay Rs 10 Lakh Each to Six Victims
The Supreme Court has ordered the Prayagraj Development Authority to pay Rs 10 lakh each to six people within six weeks. The compensation is for illegally bulldozing their homes in 2021. The affected individuals included a lawyer and a professor.
Right to Shelter: An Integral Part of Article 21
The court emphasized that the right to shelter is an integral part of Article 21 of the Indian Constitution. It held that the demolitions were a violation of the appellants’ rights under Article 21.
Criticism of Authorities’ Actions
The bench of justices Abhay S Okay and Ujjal Bhuyan criticized the manner in which authorities affixed notices instead of serving them to the appellants before demolishing their homes. The court referred to the method of posting notices on the property in question instead of delivering them in person or via registered mail.
- “This affixing business must be stopped. They have lost their houses because of this,” the court said.
Petition Filed by Advocate Zulfiqar Haider and Others
The court was hearing a petition filed by advocate Zulfiqar Haider, professor Ali Ahmed, two widows, and another person. The group had moved the Supreme Court challenging the Allahabad High Court’s dismissal of their petition against the demolition of their houses in 2021.
Erroneous Linking of Land to Gangster-Politician Atiq Ahmed
The petitioners claimed that the state government had erroneously linked their land to gangster-politician Atiq Ahmed, who was killed in April 2023.
Demolition Notices Issued Late at Night and Homes Razed the Next Day
The petition alleged that the authorities issued the demolition notices late one night in March 2021 and razed their homes the next day without giving the residents an opportunity to challenge the order.
Supreme Court’s Criticism of Uttar Pradesh Government
On March 5, the Supreme Court criticized the Uttar Pradesh government for the demolitions, which it said sent a “shocking and wrong signal”.
No Provisions in Indian Law for Demolishing Property as Punitive Measure
There are no provisions in Indian law that allow for demolishing property as a punitive measure. Nevertheless, the practice has become commonplace, mainly in states ruled by the Bharatiya Janata Party.
Supreme Court’s November 13 Order
In its November 13 order, the Supreme Court held that state authorities cannot demolish the properties of citizens merely because they are accused or convicted of crimes. The court issued guidelines to curb instances of “bulldozer justice”.
