Supreme Court Slams UP Government for "Bulldozer Justice" in Prayagraj
The Supreme Court has pulled up the Uttar Pradesh government for its high-handedness in demolishing houses in Prayagraj within 24 hours of serving notices, saying it "shocks the conscience of the court." The court hinted that it would allow the aggrieved owners to rebuild their houses subject to the outcome of the case challenging the demolition.
The case pertains to the razing of houses of a lawyer, a professor, and others in 2021. The Supreme Court bench, comprising Justices Abhay Oka and N Kotishwar Singh, took exception to the manner in which the demolition was carried out, terming it a state’s high-handedness. "It shocks the conscience of the court the manner in which within 24 hours of the notice it was done," the court said.
The Uttar Pradesh government disputed the version of the petitioners, alleging that the demolition squad had moved in a day after notices were served. Attorney General R Venkataramani, appearing for the state, argued that a reasonable time was given to the petitioners to respond to the notice. He claimed that notices were served on December 8, 2020, January 2021, and March 2021, and the demolition was carried out on March 7, 2021.
However, the petitioners claimed that they were not given a reasonable opportunity to challenge the demolition notice before the appellate authority under Section 27(2) of the UP Urban Planning and Development Act. "State must act very fairly and state must give reasonable time to enable them to file an appeal before the structures are demolished," the petitioners contended. The bench pointed out that the notices were served by affixture, which is not the method approved by the law, and only the last notice was served through the legally recognized method.
The court said, "The manner in which the whole process has been conducted… the court cannot tolerate such a process. If we tolerate in one case, it will continue. We will pass an order that they can reconstruct at their own cost and if the appeal fails, then they will have to demolish at their own cost."
The court asked the petitioners to file an undertaking and adjourned the case. The petitioners in the case are advocate Zulfiqar Haider, Prof Ali Ahmed, and three other individuals, who moved the apex court after the Allahabad High Court dismissed their plea against the demolition.
The controversy has sparked widespread outrage, with the video of a young girl fleeing a bulldozer during an anti-encroachment drive in Ambedkar Nagar’s Jalalpur area in UP, going viral on social media. The incident has been condemned by opposition parties, with former UP Chief Minister and SP president Akhilesh Yadav calling it an example of the state’s deteriorating condition.
Original Source: https://timesofindia.indiatimes.com/india/shocks-our-conscience-supreme-court-pulls-up-uttar-pradesh-on-demolitions/articleshow/119443393.cms
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Publish Date: 2025-03-25 02:58:00
