The Supreme Court has directed the Prayagraj Development Authority to compensate five individuals whose homes were unlawfully demolished in 2021. The apex court has mandated a compensation of Rs 10 lakh each, setting a crucial precedent against what has come to be known as “bulldozer justice.” The ruling comes as a strong rebuke to authorities bypassing due process, underscoring the necessity of adhering to legal norms and protecting citizens’ rights under Article 21 of the Constitution.
The state government’s plea to withhold compensation, citing that the affected individuals were not from economically weaker sections, was summarily rejected by a bench comprising Justices Abhay S Oka and Ujjal Bhuyan. The Attorney General argued that the demolished constructions were illegal and did not merit restitution. However, the court held that the demolitions, carried out within a mere 24 hours of notice, violated due process, rendering them unlawful. Among the affected homeowners were a lawyer and a professor, whose homes were razed on March 7, 2021, after receiving notices only a day earlier. The court emphasised that the failure to serve notices personally or through registered post deprived the affected individuals of their legal right to appeal.
Observing that the case “shocked the conscience” of the judiciary, the court underscored that government authorities must uphold the rule of law rather than act arbitrarily. The practice of affixing notices without proper communication to homeowners, the bench noted, must cease unless all other attempts at direct notification fail. The ruling further asserted that any demolition order under the UP Urban Planning and Development Act, 1973, necessitates a reasonable opportunity for affected persons to respond. The court highlighted that the Allahabad High Court had dismissed the petitioners’ plea, prompting them to approach the Supreme Court for justice. In its judgment, the apex court reaffirmed that the state must act fairly, ensuring affected parties have ample opportunity to challenge demolition orders before any action is taken.
This verdict serves as a stern warning against the unchecked use of administrative power, ensuring that housing rights are not undermined by arbitrary state action. The Supreme Court’s ruling reinforces the principle that governance must align with constitutional values, particularly when fundamental rights are at stake. By ordering compensation, the judiciary has set a benchmark for accountability, signalling that violations of due process will not be tolerated. As India grapples with rapid urbanisation and housing challenges, this judgment sends a powerful message that development must not come at the cost of citizens’ rights, and legal safeguards must be upheld at all levels of governance.
