Supreme Court Criticizes Uttar Pradesh Government Over Rapid Demolitions
In a significant ruling on March 24, 2025, the Supreme Court addressed the demolition of residences in Prayagraj by Uttar Pradesh authorities, emphasizing the necessity of adhering to due process. The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, expressed astonishment at the swift demolitions executed merely 24 hours after issuing notices, depriving homeowners of the opportunity to appeal.
Court Allows Reconstruction of Demolished Homes
The Court permitted the reconstruction of the demolished properties at the petitioners’ expense, contingent upon their commitment to:
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File appeals within the designated timeframe.
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Refrain from asserting any equities over the plots.
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Avoid creating any third-party interests.
Should their appeals be unsuccessful, the petitioners are obligated to dismantle the reconstructed structures at their own cost. The matter was adjourned to allow the submission of these undertakings.
Petitioners Challenge Demolition Actions
The petitioners—advocate Zulfiqar Haider, professor Ali Ahmed, two widows, and another individual—sought the Supreme Court’s intervention after the Allahabad High Court dismissed their challenge against the demolitions. They contended that demolition notices were served late on a Saturday night, with the demolitions occurring the following day, effectively denying them a chance to contest the action. Furthermore, they argued that the state erroneously associated their land with the late gangster-politician Atiq Ahmed, who was killed in 2023.
Attorney General Defends State’s Actions
Attorney General R. Venkataramani defended the state’s actions, stating that the initial notice was issued on December 8, 2020, followed by subsequent notices in January and March 2021, indicating that due process was observed. He highlighted widespread illegal occupations beyond lease periods or following the rejection of freehold applications.
Bench Emphasizes Fairness and Due Process
The bench underscored the state’s obligation to act fairly by providing occupants sufficient time to file appeals before proceeding with demolitions. Justice Oka remarked, “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.”
The Court’s decision underscores the imperative of upholding due process and fairness in administrative actions, particularly those affecting individuals’ homes and livelihoods.
