Shocks Our Conscience: SC Slams UP Govt, Prayaraj Authority Over Bulldozer Action

The Supreme Court on Tuesday came down heavily on the Uttar Pradesh government and the Prayagraj administration for carrying out bulldozer action against six individuals.

The apex court has ordered the Prayagraj Development Authority to pay a compensation of Rs 10 lakh each to six individuals for demolishing their buildings, Live Law reported.

What Did the Court Say?

A bench of Justices Abhay S Oka and Ujjal Bhuyan said, "The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India...Considering the illegal action of the demolition which is in violation of rights of the appellants under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of 10 lakhs each to the appellants."

The court expressed deep dismay at the high-handed manner in which authorities carried out the demolitions, observing: "These cases shock our conscience. Residential premises of the appellants have been high-handedly demolished in the matter which we have discussed in detail."

"This shocks our conscience. There is something called the right to shelter, something called due process," Justice Oka stated. "There is a viral video where a small girl can be seen outside a demolished house. Everyone is very disturbed by such visualsm," the Justice Ujjal Bhuyan said.

The Court criticized the Uttar Pradesh authorities for their lax approach in serving demolition notices, particularly their practice of merely "affixing" notices instead of ensuring proper delivery.

"This affixing business must be stopped. They have lost their houses because of this," Justice Oka added.

A subsequent demolition order on January 8, 2021, was also affixed without registered post delivery. Shockingly, the first registered notice was sent only on March 1, 2021, received on March 6, and the demolition was executed the very next day-denying the appellants any real chance to appeal.

The Court examined Section 43 of the U.P. Planning Act, which governs notice procedures. It held that authorities must make genuine attempts at personal service before resorting to affixation or registered post.

"The object of the proviso to Section 27(1) is to provide a reasonable opportunity to show cause before demolition. This is no way of granting a reasonable opportunity," the order added.