'Shocks our conscience': Supreme Court pulls UP govt over demolition of houses in Prayagraj

The top court said it would allow the reconstruction of the demolished homes at the cost of the petitioners

The Supreme Court on Monday slammed the Uttar Pradesh government over its "high handed" demolition in Prayagraj saying it had shocked its conscience.

A bench comprising Justices Abhay S Oka and Ujjal Bhuyan also frowned upon the manner which the houses were bulldozed within 24 hours of serving notices without the time to appeal. "It shocks our conscience how the residential premises were demolished in a high handed manner. The manner in which the whole process has been conducted is shocking. Courts cannot tolerate such process. If we tolerate in one case it will continue," the bench said.

The top court said it would allow the reconstruction of the demolished homes at the cost of the petitioners given their undertakings of filing the appeals before the appellate authority within the specified time and not claiming equities over the plot or creating third-party interests.

If their appeals get dismissed, the court said, the petitioners must demolish the houses at their own cost. The matter was adjourned to enable the petitioners to file the undertaking. Defending state action, attorney general R Venkataramani assured of following the adequate "due process" in serving the notices.

He pointed out large-scale illegal occupations saying it was difficult for the state government to control unauthorised possession.

The apex court had previously slammed the Uttar Pradesh government over the demolition of houses in Prayagraj without following due legal procedure and said the action sends a "shocking and wrong signal".

The counsel for the petitioners had said the state government wrongly demolished the houses thinking the land belonged to gangster-politician Atiq Ahmed, who was killed in 2023 in a police encounter.

The top court was hearing a plea by advocate Zulfiqar Haider, professor Ali Ahmed and others whose houses were demolished. The Allahabad High Court rejected their plea challenging the demolition.

Attorney general R Venkataramani, appearing for the state, said that reasonable time was given to the petitioners to respond to the notice. He said on Decemeber 8, 2020, they were given the first notice, followed by notices in January and March 2021. The petitioners said the demolition notice was issued March 1, 2021, served on March 6, 2021, and demolition carried out on March 7, according to a report by  Times of India.

The petitioners alleged to have been served notice on March 6, 2021 in respect of certain constructions standing over a portion of Nazul Plot No. 19, Lukerganj, police station Khuldabad in Prayagraj district.