Supreme Court slams Allahabad authorities for demolishing homes in bulldozer action
DELHI: The Supreme Court on Tuesday strongly criticised the Prayagraj Development Authority for demolishing homes in 2021 as part of a bulldozer action, describing the move as inhuman and illegal. The court said that the authorities had acted without regard for people’s emotions or legal rights.
A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan said that in a civilised nation, residential homes cannot be razed in such a manner. “This has shaken our conscience,” the bench observed.
In 2021, the Allahabad administration demolished properties mistakenly identified as belonging to gangster Atiq Ahmed. The homes actually belonged to a lawyer, a professor, and three other residents. Advocate Zulfiqar Haider, Professor Ali Ahmed, and others filed petitions in the Supreme Court after the Allahabad High Court dismissed their pleas.
The Supreme Court has now ordered the Prayagraj Development Authority to pay compensation of ₹10 lakh each to the affected individuals within six weeks. The court stressed that the right to shelter and due process are fundamental principles that must be upheld. It stated that such actions cannot be justified under any circumstances.
Justice Ujjal Bhuyan also recalled a more recent incident in Ambedkar Nagar, Uttar Pradesh, on 24 March, where a photograph of an eight-year-old girl fleeing with her schoolbooks during an anti-encroachment drive shocked the nation. He cited the image to highlight the human cost of such operations.
During earlier hearings, advocate Abhimanyu Bhandari, representing the victims, argued that the authorities had wrongly assumed the land belonged to the now-deceased gangster Atiq Ahmed, who was killed in 2023. “The state should have admitted its mistake,” he submitted.
In response, the Uttar Pradesh government claimed it had provided sufficient time for the petitioners to respond to the notice issued before demolition.
However, Justice Oka disagreed with the state’s stance, questioning the method of serving the notice. “Why was the notice pasted in such a manner? Why wasn’t it sent via courier? Anyone can paste a notice and proceed with demolition—this is not acceptable. This demolition amounts to an act of oppression,” he remarked.
Earlier, the Allahabad High Court had dismissed the petition based on the state government’s assertion that the land was nazul land intended for public use. The lease granted in 1906 had expired in 1996. Petitioners had applied to convert their leasehold into freehold, but the applications were rejected in 2015 and 2019.
Citing these grounds, the High Court had justified the demolition as a measure to clear illegal encroachment. However, the Supreme Court’s latest order marks a significant reversal, emphasising the protection of citizens’ housing rights and lawful procedure.