The Uttar Pradesh government was criticized by the Supreme Court on Monday for its “high handed” demolition of Prayagraj, stating that it had shocked its conscience. Justices Abhay S Oka and Ujjal Bhuyan’s bench also disapproved of the way the dwellings were demolished within 24 hours of notices being served, leaving no chance for an appeal.
“It shocks our conscience how the residential premises were demolished in a high handed manner. The manner in which the whole process has been conducted is shocking. Courts cannot tolerate such process. If we tolerate in one case, it will continue,” the bench said.
The highest court ruled that, in light of the petitioners’ promises to file their appeals with the appellate authority within the allotted time frame and to refrain from claiming any equity over the plot or establishing third-party interests, it would permit the reconstruction of the destroyed homes at their expense. The court ruled that the petitioners would have to pay for the demolition of the homes if their appeals were denied. In order for the petitioners to submit the undertaking, the case was postponed.
Attorney General R Venkataramani, who was defending the state action, promised to serve the notices in accordance with the proper “due process.” He cited widespread illicit occupations and claimed that the state authorities found it challenging to regulate unauthorized possession.
The Uttar Pradesh government had earlier come under fire from the highest court for demolishing homes in Prayagraj without following the proper legal process, saying that the move sent a “shocking and wrong signal.” According to the petitioners’ advocate, the state government destroyed the homes in error, claiming that the property belonged to gangster-politician Atiq Ahmed, who was murdered in a police confrontation in 2023. Advocate Zulfiqar Haider, professor Ali Ahmed, and other people whose homes were destroyed were pleading with the supreme court.
Their appeal contesting the demolition was denied by the Allahabad High Court. On March 6, 2021, the petitioners claimed to have received notice over certain structures that were situated over a section of Nazul Plot No. 19, Lukerganj, police station Khuldabad in the Prayagraj district.
