Supreme Court Calls Govt’s House Demolitions in Uttar Pradesh ‘Shocking’

Says Due Process Not Followed in Prayagraj Demolition

March 25, 2025

Representational photo

On March 24, the Supreme Court strongly criticised the Uttar Pradesh government for the demolition of houses in Prayagraj, describing the act as shocking and deeply troubling.

A bench comprising Justices Abhay S. Oka and Ujjal Bhuyan questioned how the authorities proceeded to demolish these houses within just 24 hours of issuing notices, without giving the affected residents adequate time to appeal, as reported by Hindustan Times.

Expressing serious disapproval, the bench remarked that the hurried manner in which the demolitions took place was unacceptable. According to the court, tolerating such arbitrary actions in even one case would set a troubling precedent, allowing similar practices to continue unchecked.

The Supreme Court made these observations while hearing a petition filed by advocate Zulfiqar Haider, Professor Ali Ahmed, and others whose homes were demolished in 2021. The petitioners had approached the Supreme Court after their plea challenging the demolitions was rejected by the Allahabad High Court.

During the hearing, the Supreme Court offered temporary relief by allowing the petitioners to rebuild their demolished houses at their own expense, provided they submit an undertaking to the appellate authority within a specified period. The petitioners must also agree not to claim ownership rights or transfer the land to third parties. The court clarified that if the petitioners ultimately lose their appeals, they must again demolish their homes at their own cost.

The matter was then adjourned to allow the petitioners time to file the necessary undertaking.

Earlier, the Supreme Court had similarly criticized the Uttar Pradesh government, stating that the demolition of houses in Prayagraj without proper legal process conveyed a troubling message. The petitioners' counsel had argued that the houses were demolished under the mistaken belief that the property belonged to gangster-politician Atiq Ahmed, who was killed in a police encounter in 2023.

The law clearly outlines a due process for governments or local authorities to follow before demolishing residential properties. The primary purpose of this process is to ensure fairness, transparency and respect for individuals’ rights and properties.

Under law, especially as interpreted by courts, including the Supreme Court, demolition must follow these guidelines: 

First, a formal notice must be issued to the property owner clearly stating the grounds or reasons for the intended demolition. The notice should specify the violations or illegalities prompting the action, as provided under local municipal laws or relevant state regulations. Usually, such notices provide a reasonable time—often ranging from days to weeks—for property owners or occupants to respond, appeal, or rectify the issue.

Second, adequate opportunity must be provided to the affected persons to respond or challenge the demolition order before an impartial appellate authority or court. This is a fundamental requirement under natural justice principles: no one should lose their home without having a fair chance to defend themselves.

Third, the authority concerned must carefully consider the response or appeal filed by the owner or occupant before taking any action. Immediate or hurried demolitions without allowing sufficient time for appeal violate established legal principles and procedures.

Fourth, if the appellate authority or court dismisses the appeal or the owner fails to respond adequately within the specified timeframe, only then can authorities proceed with demolition. Even in this case, the demolition should be carried out humanely, giving adequate notice to residents to safely remove personal belongings.

Further, demolition actions must comply with principles established under the Indian Constitution, particularly Article 21, which protects individuals’ rights to life and personal liberty, and Article 300A, which guarantees that no person can be deprived of property without following legal procedures established by law.

The Supreme Court, through various judgments, has repeatedly held that any demolition carried out hastily, without allowing adequate notice or reasonable opportunity for appeal, violates the fundamental principles of natural justice and constitutional rights.