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This is the first such order, directing a state to reimburse the affected, since SC 2024 judgment, where it had laid down detailed safeguards in case of demolitions.
The SC was hearing a plea by a lawyer Zulfiqar Haider and Professor Ali Ahmed. They had claimed in their petition that their houses were illegally demolished in 2021 during a bulldozer demolition drive by UP, while wrongly suspecting their land to be linked to gangster turned politician, Atiq Ahmed.
SC voiced its strong objection at razing of residential properties without following due process. SC noted that demolitions in questions have “shocked our conscience”.
SC hit out at the Prayagraj Development Authority on realising that the demolition took place less than 24 hours after the order for demolition was served on the persons concerned.
SC order held that the action of demolition was illegal, and in violation of fundamental rights, including the right to shelter, under Article 21 of the Constitution.
SC order noted, “Carrying out demolition in such a manner shows insensitivity on the part of the statutory development Authority.”
SC has further directed the Prayagraj Development Authority govt to pay heed to the SC judgment of 2024, where it laid down detailed guidelines and safeguards.
Among the safeguards directed –
1. No demolition without show cause notice
2. Show cause notice should provide time of at least 15 days, should be appealable.
3. Intimation of notice shall be sent to district magistrate, to ensure no back dating of show cause notice.
4. Notice shall contain – nature of illegal construction, details of violation, grounds of demolition.
5. Personal hearing to be allowed, minutes recorded.
6. Authority shall explain why demolition is the only option.
7. Opportunity should be given for removal of illegal construction.
8. Demolition should be videographed.
First Published: Apr 1, 2025 3:29 PM IST
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