“Pay 10 lakh For each Bulldozed Homes…” Supreme Court Slams Yogi Government Over Prayagraj Demolitions, Calls for Accountability

The Supreme Court on Tuesday has delivered a scathing rebuke to the authorities of Uttar Pradesh Government over the demolition of homes in Prayagraj on March 7, 2021, describing the act as a blatant disregard for legal procedures. The demolition targeted the residences of a law professor and other individuals, who were left with no opportunity to challenge the action due to inadequate notice, observed the court. The court’s ruling has brought renewed attention to the need for authorities to respect citizens’ rights during demolition drives as the top court noted “the right to shelter” is fundamental. 

The bench, headed by Justices Abhay S Oka and Ujjal Bhuyan, pointed out that the authorities failed to adhere to basic legal norms. Notices were issued on March 1 but were only received by the affected parties on March 6—via regular post rather than in person or through registered mail. This left the residents with just a day to respond before their homes were razed. The court labeled the demolition "unlawful," emphasising that such actions undermine the fundamental right to shelter, a core principle enshrined under Article 21 of the Constitution. The bench stressed that authorities, particularly development bodies like the Prayagraj Development Authority, must operate within the framework of the law and ensure fairness.

In a significant directive, the Supreme Court ordered the Prayagraj Development Authority to pay Rs 10 lakh as compensation to each of the affected parties for the loss of their homes, even as the authorities objected stating the affected families were not poor and owned multiple properties. Attorney General R venkataramani, appearing for the Yogi Adityanath government, stated that the constructions were illegal and thus they should not be affected. The court however reminded the state government of the right procedures. The court underscored that the scale of such demolitions reflects an inhumane approach, stating, "These incidents should never happen." It also highlighted the importance of due process, noting that authorities must provide a reasonable opportunity for residents to appeal or rectify violations before taking drastic measures like demolition.

The petitioners had initially sought relief from the Allahabad High Court, which dismissed their plea, prompting them to approach the Supreme Court. The court also referenced Section 27 of the UP Urban Planning and Development Act, 1973, which allows authorities to order demolitions if a structure violates a master plan. However, it mandates that the owner be given a fair chance to address the issue. The ruling, lawyers believe, may serve as a strong reminder to development authorities across the country to uphold legal standards and prioritise citizens’ rights, specially amidst the current alacrity for bulldozer demolition drives, ensuring that such violations do not recur in the future.