Supreme Court Orders ₹50 Lakh Compensation for Arbitrary Demolitions
The Supreme Court has ordered the Prayagraj Development Authority (PDA) to pay ₹10 lakh each to five residents whose homes were unlawfully demolished in March 2021, totaling ₹50 lakh in compensation. Calling the actions “inhuman” and “shocking,” the Court sharply criticized the PDA for violating citizens’ right to shelter and due process guaranteed under Article 21 of the Constitution.
Arbitrary Demolitions
The residents affected by the demolition included advocate Zulfiqar Haider, professor Ali Ahmed, two widows, and another individual. The Court found that notices were not properly served and had merely been pasted on the structures without making any real effort to deliver them personally. The demolitions were carried out within 24 hours of issuing the notices, leaving the homeowners no opportunity to contest the action through legal channels.
The bench ruled that such arbitrary conduct amounted to a deliberate denial of the residents’ right to be heard and a clear abuse of power. The PDA’s actions not only deprived the individuals of their homes but also bypassed the most basic legal safeguards.
Supreme Court Ruling
The Court condemned the PDA’s behavior as an example of “high-handedness” and held that such conduct from a state body was unacceptable in a democratic society governed by the rule of law. Imposing exemplary damages, the Court reiterated that the right to shelter is integral to the right to life and liberty.
In its judgment, the Supreme Court underscored that the state cannot act as a demolisher without adhering to established legal procedures. It emphasized that protecting constitutional rights is the foremost obligation of state authorities, not violating them under the guise of enforcement.
Guidelines Against Bulldozer Justice
The ruling comes in the backdrop of the Supreme Court’s earlier guidelines issued in November 2024 to curb what has come to be known as “bulldozer justice”—the demolishing of homes linked to accused individuals without due legal process. The Court mandated that at least 15 days’ prior notice must be given before any demolition, with notices served through registered post and clearly affixed to the concerned property. These notices must include the nature of the alleged violation, reasons for the proposed action, and a list of documents required for defense.
The Court has now directed the PDA and similar authorities to strictly comply with these rules and warned that future violations could attract contempt proceedings and personal liability for officials responsible.
This landmark order reaffirms the judiciary’s commitment to defending constitutional protections and sends a clear message against arbitrary state action that violates the rights of citizens.
