The Supreme Court has directed the Uttar Pradesh authorities to compensate five individuals, including a lawyer and a professor, with Rs 10 lakh each for demolishing their houses without following due process.
Supreme Court’s Strong Reprimand on Demolitions
On Tuesday, a bench of Justices Abhay S Oka and Ujjal Bhuyan ordered the Prayagraj Development Authority to compensate five appellants whose houses were demolished without proper legal procedure. The court emphasized that the right to shelter is a fundamental right under Article 21 of the Constitution, and due process must always be followed.
“These cases shock our conscience. There is something called the right to shelter and something called due process,” the bench remarked while issuing the compensation order.
Questioning the Notice Serving Process
The apex court took strong exception to the way demolition notices were served, calling for a halt to the practice of merely affixing notices on properties. It criticized the authorities for not attempting to serve notices personally or through registered post, as mandated by the Uttar Pradesh Planning Act.
“This affixing business must be stopped. It cannot be that the person entrusted with the job of serving notice goes to the house and affixes it after finding that on that day the person concerned is not available. Repeated efforts must be made for personal service,” the bench observed.
Upholding Due Process and Legal Directives
To ensure that the Prayagraj Development Authority adheres to proper legal procedures in the future, the Supreme Court imposed the Rs 10 lakh compensation as a deterrent. The court reiterated its November 2023 judgment, which established pan-India guidelines for demolitions to prevent arbitrary use of power by municipal authorities.
The ruling underscores the judiciary’s commitment to protecting citizens from unlawful actions by government agencies and reaffirms that administrative authorities must operate within the framework of the law.
