Supreme Court Slams Bulldozer Action: The Supreme Court of India has strongly condemned the illegal bulldozer action carried out in Uttar Pradesh. The apex court termed the demolition of houses in Prayagraj as inhuman and illegal, ordering the authorities to pay Rs 10 lakh compensation to each affected person within six weeks.
A bench led by Justice Abhay S. Oka and Justice Ujjal Bhuiyan stated that residential homes cannot be demolished arbitrarily without following due legal procedures. This ruling marks a significant moment in the fight for citizens’ right to shelter and fair legal proceedings.
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Prayagraj Bulldozer Action: The Background
The case revolves around the 2021 demolitions in Prayagraj, where the administration took action against five houses, assuming them to be illegal properties linked to gangster Atiq Ahmed. However, the affected homeowners, including a lawyer and a professor, challenged this move in the Supreme Court after their plea was rejected by the Allahabad High Court.
During the hearing, Justice Bhuiyan referred to an incident from Ambedkar Nagar where an 8-year-old girl was seen running away with her books as bulldozers razed homes. This heart-wrenching scene, he said, shook the conscience of the nation.
SC Questions UP Government’s Notice Process
The Supreme Court questioned the UP government’s claim that proper notice was served before the demolitions. Justice Oka remarked, Why was the notice just pasted on the walls? Why was it not sent via courier? He further added that this is not a lawful eviction but an act of vandalism and atrocity.
The petitioners’ lawyer argued that the government had wrongly assumed the victims’ land to be linked to Atiq Ahmed. The court found this explanation unconvincing and upheld the victims’ plea for justice.
Supreme Court’s Orders and Guidelines
Compensation for Victims
- The Supreme Court has directed the Prayagraj Development Authority to compensate each affected homeowner with Rs 10 lakh within six weeks.
- The ruling emphasized the right to shelter as a fundamental necessity, reinforcing that due process must be followed in all eviction cases.
Strict Guidelines for Bulldozer Action
The Supreme Court also highlighted key guidelines for any future demolition drives to ensure transparency and fairness:
- Show-Cause Notice Mandatory
- No demolition will take place without a proper show-cause notice.
- Notices must be sent via post and affixed to the property walls.
- A minimum of 15 days must be given before any action is taken.
- Hearing & Legal Recourse
- Property owners must get a chance to present their case before authorities.
- The final demolition order must clearly mention the reasons.
- No demolition should take place for 15 days after the final order to allow voluntary removal.
- Homeowners can appeal against the decision during this period.
- Documentation & Digital Tracking
- All demolition orders and proceedings should be uploaded to a dedicated digital portal for transparency.
- A video record must be maintained for any demolition carried out.
- A compliance report should be submitted to a judicial commission for review.
- Accountability & Action Against Officials
- If guidelines are violated, it will be considered contempt of court.
- Officials responsible for wrongful demolitions will bear the reconstruction cost from their salaries.
Allahabad High Court’s Earlier Stand
Earlier, the Allahabad High Court had dismissed the victims’ plea based on the UP government’s claim that the land was Nazul land (government land) and that the lease had expired in 1996. However, the Supreme Court found that due process was not followed and overturned the High Court’s decision.
Implications of This Verdict
- Stronger Protection Against Illegal Demolitions: The ruling sets a precedent to prevent unlawful demolitions by holding officials accountable.
- Strict Legal Process for Evictions: Citizens will have stronger legal backing to challenge arbitrary bulldozer actions.
- Increased Transparency & Digital Oversight: The Supreme Court’s directive for a digital tracking system will ensure better monitoring of demolitions.
ByNews-views
The Supreme Court’s historic ruling against the UP bulldozer action marks a significant victory for citizens’ rights and the rule of law. It sends a strong message that arbitrary demolitions without due legal process will not be tolerated. This case highlights the importance of protecting people’s homes and ensuring fair procedures are followed in all government actions.
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