The Supreme Court has expressed its strong displeasure against the Uttar Pradesh government for demolishing five houses, including the residences of a lawyer and a professor in Prayagraj district without following the procedure under law.
The Bench of Justice Abhay S Oka and Justice Ujjal Bhuyan observed on Monday that it was deeply disturbed by the manner in which residential homes were torn down just a day after a demolition notice was issued without giving the owners enough time to respond.
Noting that the action shocked it’s conscience, the Apex Court said that it would consider ordering the authorities to rebuild the houses subject to the outcome of the case.
Subject to outcome, we will direct reconstruction. It shocks our conscience how residential premises are demolished like this,” the Bench remarked.
The Bench said it would not tolerate such conduct, adding that the state should have minimum regard to the principles of natural justice.
The Apex Court made these observations while hearing a petition filed by five individuals – Advocate Zulfiqar Haider, Professor Ali Ahmed, two widows and one other individual whose homes were demolished.
All the houses were on the same plot of land.
After Allahabad High Court rejected their plea challenging the demolition,
The petitioners contended that they received notices on the night of March 6, 2021 and the demolition took place on March 7, 2021, leaving them no time to challenge the action.
The petitioners further claimed that the authorities wrongly linked their properties to gangster-politician Atiq Ahmed, who was killed in 2023.
They claimed that the Allahabad High Court dismissed their petitions by relying on a 2020 letter without giving them a chance to contest it.
The land in question was a Nazul plot leased back in 1906. The lease expired in 1996 and applications for freehold conversion were rejected in 2015 and 2019.
The Counsel appearing for the State contended that the petitioners did not have any legal rights since they were in illegal occupation of public land.
The Counsel representing the petitioners argued that they were lessees and were in the process of applying for conversion.
The petitioners were not given the opportunity to challenge the demolition under Section 27(2) of the UP Urban Planning and Development Act, which provided for appeal before an authority.
During the hearing of the matter on Monday, the Court said it was prepared to allow reconstruction, provided the petitioners file affidavits stating they would appeal the demolition order within the legal time, not create any third-party rights over the land, and accept that the houses would have to be demolished again at their own cost if the appeal fails.
Representing the State of Uttar Pradesh, Attorney General R Venkataramani, argued that notices had been issued well in advance, in the months of December, January and March.
He submitted that this was not a case of people being rendered homeless and that the houses in question were not primary residences.
Noting that the notices were mostly served by affixing them on the properties and only the final notice was sent by registered post, the Bench said this was unacceptable.
Whenever it suited the government, it sent the notice by post. This was a design, added the top court of the country.
It said the affixation should only be the last mode of service.
The Apex Court warned the planning authorities to be extra cautious while dealing with allegations of illegal construction and provide sufficient time to the occupants to respond before taking any action.
The Bench said on Monday that since no step had been taken to resolve the demolition issue, it would now proceed to record its findings and issue directions.
The Apex Court granted time to all parties to file affidavits before passing any directions.