There is no doubt that there is a growing encroachment and illegal construction in public places in the country. From small towns to metros in the country, unauthorized colonies were established by occupying government land. From time to time, courts have ordered state governments and local bodies to take steps under the law, remove encroachments and constructions. There is a set procedure to demolish any illegal construction, under which action has also been taken against many influential people of the country. Action has been taken up to the big builders. The demolition of twin towers in Noida is not very old. Illegal colonies have also been bulldozed. Questions have been raised about bulldozer action in Uttar Pradesh before. The Supreme Court had also issued detailed guidelines on bulldozer action, but the bureaucracy works unbridled. The Supreme Court has slammed the Prayagraj Development Authority (PDA) for the bulldozer action, calling its action unconstitutional. The court termed the demolition of the houses of six people as illegal and inhuman and directed the authorities to pay Rs 10 lakh compensation to each of them. The Supreme Court bench also objected to the manner in which the houses were demolished, saying, “The administration, especially the development authority, should remember that the Right to Shelter is also an integral part of Article 21 of the Constitution.” Keeping in view the illegal process of demolition violates the rights of the petitioner under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay Rs 10 lakh each to all the petitioners. The petitioners said the authorities demolished their houses the next day after issuing the notices late in the night. This did not give them a chance to protest. The lawyers claimed that the government had wrongly linked the land to gangster Atiq Ahmed, who was murdered in April 2023.
The petitioners say they were not infiltrators but tenants who had applied for conversion of their land into freehold. He says that the High Court dismissed his petition on the basis of a letter dated September 15, 2020 without giving him an opportunity to respond. The matter reached the Allahabad High Court, where the court dismissed the petition calling the construction illegal. The court said that the case pertains to a Nazul plot in Prayagraj, which was given on lease in 1906 which was expired in 1996. Freehold applications were rejected in 2015 and 2019.
The Supreme Court also took cognizance of a video of a girl from Prayagraj going viral during the bulldozer action. The video shook the conscience of the judges. In the viral video, when the officials of the authority reached the house to demolish the houses, a girl is seen running to bring her books kept in the house without caring for her life. This scene shakes every human being. On this, the Supreme Court termed the action of the officers as completely insensitive. The court has clearly written in its decision that it is mandatory to give 15 days notice before the demolition of the house.
Ironically, the Yogi government in Uttar Pradesh has in the last few years projected bulldozer action as a synonym for law and order. This not only raised questions on the government but also sent a message that the minority community was being targeted in the country. In such a situation, legitimate actions also came under suspicion. The Uttar Pradesh government took stern action against gangsters, mafia and criminals which needs to be appreciated. But punishing the entire family for a person’s criminal act is contrary to justice. In October last year, the apex court had observed that we are a secular country and the criminal laws here cannot be motivated by religion. The court had given a clear indication that if the administration took action of illegal demolition, the property would have to be returned to the victims. There should be a robust mechanism to fix responsibility in such cases. When someone’s house is demolished, it not only causes financial loss but also social loss. It is expected that the Supreme Court’s important decision will put a stop to the unbridled bulldozer action and the bureaucracy will follow the due process before taking any action. Other states that are trying to polish their politics by following the bulldozer action will also have to follow the principles of natural justice.
