Supreme Court Slams UP Govt Over Bulldozer Demolitions: Will Houses Be Rebuilt?

The Supreme Court has strongly criticized the Uttar Pradesh government for its 2021 bulldozer action in Prayagraj, questioning the legality of the demolitions and suggesting that the state might have to rebuild the houses at its own cost. A bench comprising Justices Abhay S Oka and N Kotiswar Singh expressed concern over the hasty nature of the demolitions, stating that the affected residents were not given adequate time for legal recourse.

Justice Oka, emphasizing constitutional rights, asked, “Are you aware that Article 21 (Right to Life) exists in the Constitution?” He further indicated that one possible resolution could be directing the government to reconstruct the demolished structures.

Petitioners Allege Houses Razed Without Due Process

The petitioners argued that they were served demolition notices on the night of March 6, 2021, with the date on the notice being March 1. Within hours, on March 7, bulldozers moved in and demolished five houses, including those belonging to Professor Ali Ahmad and advocate Zulfikar Haider. They claimed that they were leaseholders of the land and alleged that the action was politically motivated, linking them to former MP Atiq Ahmad.

The Allahabad High Court had previously dismissed their plea, accepting the state’s argument that the land was nazul land (government-owned land meant for public use). The UP government contended that the lease, active since 1906, had expired in 1996, and attempts by the petitioners to convert their leasehold into freehold status were rejected in 2015 and 2019. The state maintained that the demolitions were part of a broader campaign to remove illegal encroachments.

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SC Refuses to Send Case Back to High Court

The Supreme Court referenced its own recent ruling on bulldozer actions, which emphasized that demolitions should only proceed after affected individuals are given sufficient time and legal options. Attorney General R Venkataramani, representing the UP government, suggested sending the case back to the High Court for reconsideration. However, the Supreme Court rejected the proposal and scheduled the next hearing for March 21.

This case adds to the growing scrutiny over the use of bulldozers in eviction drives, with courts increasingly questioning the due process and legal safeguards in such actions.