India: Supreme Court Criticizes UP Government’s Demolition Actions

The Supreme Court of India has criticized the bulldozer demolition of properties in Prayagraj that occurred in March 2021, Clarion reported. The Court warned it might order the government to rebuild the demolished properties at state expense, following allegations of illegal and hasty actions. The demolition targeted five individuals, including Professor Ali Ahmed and lawyer Zulfiqar Haider, who claimed they were not given adequate notice before the bulldozers arrived. Notices were reportedly issued late on March 6, 2021, despite being dated March 1.

Justice Abhay S. Oka highlighted the importance of Article 21 of the Constitution, which guarantees the right to life, questioning the legality of the demolitions. The petitioners argued that they had held leases on the land since 1906, although the leases technically expired in 1996. Previous rulings by the Allahabad High Court had supported the state’s claims regarding public land use, but the Supreme Court rejected this rationale. Justice N. Koteshwar Singh emphasized that demolitions must adhere to due process, allowing individuals the opportunity to contest actions legally. The next hearing is set for March 21, signaling a potential shift in judicial oversight of property demolitions and the necessity of fair legal procedures.