NEW DELHI: Supreme Court on Monday pulled up the Uttar Pradesh govt for demolishing houses in Prayagraj within 24 hours of serving notice, saying it had “shocked the conscience of the court” and 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 razing of the houses of a lawyer, a professor, and others in 2021.
A bench of Justices Abhay Oka and N Kotishwar Singh, based on the claim by the aggrieved, took exception to the manner in which demolition was carried out and termed it the state’s high-handedness. “It shocks the conscience of the court the manner in which within 24 hours of the notice it was done,” it said.
The UP govt, however, disputed the version of the petitioners that the demolition squad had moved in a day after notices were served on them.
Attorney general R Venkataramani, appearing for the state, argued that reasonable time was given to the petitioners to respond to the notice. He said on Dec 8, 2020, they were given the first notice, followed by notices in Jan 2021 and March 2021. The petitioners said the demolition notice was issued March 1, 2021, served on March 6, 2021, and demolition carried out on March 7.
SC bench on UP demolitions
Cannot tolerate such a process of demolition: SC
The petitioners said 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. Notice served on March 6 and demolition carried out on March 7. Now, we will allow them to reconstruct,” the bench said.
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 recognised method.
“Therefore, we are going to pass order only in the light of these facts. 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,” it said.
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. They moved the apex court after Allahabad high court dismissed their plea against the demolition.
Clip of girl fleeing bulldozer sparks outrage in UP
The video of an eight-year-old girl clutching her books and running away from her shanty during an anti-encroachment drive in Ambedkar Nagar’s Jalalpur area in UP has sparked widespread outrage.
The footage, which surfaced on social media, showed an earthmover revving nearby, drawing sharp criticism from opposition parties. Former UP CM and SP president Akhilesh Yadav condemned the demolition, calling it an example of the state’s deteriorating condition.
On Monday, he posted on X, “Eight years, UP ruined, and only questions remain.” He also shared an AI-generated image of a girl holding books while a bulldozer loomed in the background. (PTI)
