SC slams Prayagraj Development Authority for illegal bulldozer action, orders Rs 10 lakh compensation for each victim

The Supreme Court on Tuesday strongly reprimanded the Prayagraj Development Authority for illegally carrying out a bulldozer action, demolishing six houses, including a lawyer and a professor, without following due process of law. A bench of Justices Abhay S Oka and Ujjal Bhuyan directed the authority to provide compensation of Rs 10 lakh each to the six affected persons.

The court expressed surprise that the houses were demolished within just 24 hours of the demolition notice being issued. The bench termed it an inhuman and illegal misuse of power, calling it a violation of Article 21 of the Constitution.

The court orally remarked that such cases shake our conscience. The appellants' residences were ruthlessly demolished, while the development authority should understand that the right to shelter is ensured under the Indian Constitution. The rule of law is part of the basic structure of the Constitution, and the residences of citizens cannot be demolished so brutally. The court said that such arbitrariness should now be stopped.

The court also took exception to the fact that there were gross irregularities in the manner of serving statutory notices in the demolition process. A show cause notice was issued on December 18, 2020 under Section 27(1) of the Uttar Pradesh Urban Planning and Development Act, 1973, which was affixed on the same day, saying that the attempt to serve notice twice failed. Subsequently, a demolition order was issued on January 8, 2021, which was also completed by mere affixing.

For the first time, a notice was sent by registered post on March 1, 2021, which was received by the appellants on March 6. But the demolition was carried out the very next day, depriving the appellants of an opportunity to appeal under Section 27(2) of the Act. The court held this as a violation of Section 27(1) and said that no demolition order can be issued without giving a reasonable opportunity.

Justices Abhay S Oka and Ujjal Bhuyan said that genuine efforts should be made to serve notices personally. It is not possible that the concerned officials visit the spot and paste the notice without giving proper notice. He clarified that repeated efforts are required to serve the notice. The demolition action within 24 hours deprived the appellants of the right to appeal under Section 27(2), making the action illegal and violative of the right to shelter under Article 21 of the Constitution.

Attorney General R. Venkataramani, appearing for the Uttar Pradesh government, argued that the petitioners have alternative accommodation available and hence are not entitled to compensation. However, the court refused to accept this argument as a justification for ignoring procedural safeguards.

The court directed the development authority to pay compensation of Rs 10 lakh to each petitioner within six weeks and strictly follow the guidelines of the demolition process laid down in the 2024 judgment. The petitioners were represented by senior advocate Abhimanyu Bhandari, while the petitions were filed by advocate Rooh-e-Hina Dua.