UP Govt Ordered to Compensate for Illegal Home Demolitions

The Supreme Court Calls Demolitions ‘Inhumane’

April 2, 2025

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The Supreme Court has directed the Uttar Pradesh government and the Prayagraj Development Authority to pay 1 million (10 lakh) rupees in compensation to six individuals whose homes were unlawfully demolished in 2021. The court condemned the demolitions as a violation of constitutional rights and ordered the payment to be made within six weeks.

The decision came after a two-judge bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, reviewed petitions filed by advocate Zulfiqar Haider, professor Ali Ahmed and others, whose homes were razed without due process, The New Indian Express and Scroll.in reported.

According to the petitioners, the authorities affixed demolition notices to their properties late one night in March 2021 and destroyed the homes the following day, leaving no opportunity for the residents to challenge the action.

The bench strongly rebuked the Prayagraj Development Authority for its high-handedness, terming the demolitions “inhumane and illegal.” It said notices must be served personally or via registered mail, as opposed to merely affixing them to properties. The court further stated that such actions “shock our conscience” and demonstrate insensitivity on the part of the statutory authorities.

The judges stated that the right to shelter is a guarantee under Article 21 of the Constitution, and demolishing homes in the manner described undermines this fundamental right.

The petitioners’ plea to the Supreme Court followed the dismissal of their earlier appeal by the Allahabad High Court, which had accepted the state government’s claim that the petitioners’ leases had expired in 1996. In contrast, the petitioners argued that they held valid leases and had applied to convert their rights into freehold property.

They also alleged that the demolition was linked to a larger effort by the state to target individuals based on unfounded claims of criminal associations, including accusations that their land was tied to gangster-politician Atiq Ahmed, who was killed in 2023.

In a November 2023 ruling, the Supreme Court had explicitly prohibited state authorities from demolishing private properties as punitive measures.

The bench also addressed the financial hardship faced by the affected residents, who argued through their legal counsel that they lacked the means to rebuild their homes. The court had previously proposed allowing the petitioners to reconstruct their properties at their own expense, contingent on their agreement to dismantle the structures if their appeals were ultimately unsuccessful.

However, the residents explained that this was not a viable option due to their financial constraints, prompting the court to order compensation.

Apparently illegal demolitions have occurred across several states, particularly those governed by the Bharatiya Janata Party (BJP).

The judgment is expected to have significant implications for state governments and their practice of property demolitions.

Under the law, as interpreted by courts including the Supreme Court, demolitions must adhere to specific guidelines to ensure fairness and due process. Authorities must first issue a formal notice to property owners, clearly stating the reasons for the intended demolition and citing relevant legal violations, allowing a reasonable timeframe for response or rectification.

Affected individuals must then be given the opportunity to challenge the demolition order before an impartial authority or court, in line with natural justice principles. Any response or appeal submitted must be carefully reviewed before authorities take further action, as hurried demolitions without allowing sufficient time for appeal violate legal standards.

Only after an appeal is dismissed or the owner fails to respond adequately can authorities proceed, and even then, demolitions must be conducted humanely, with prior notice to allow residents to remove their belongings.

Further, all actions must comply with constitutional principles, particularly Article 21, which safeguards the right to life and personal liberty, and Article 300A, which protects individuals from being deprived of property without due legal process.