‘Shocks conscience’: SC says UP razed houses in Prayagraj within 24 hrs of notice

The UP government stated that the land was kept apart for public use, and the petitioners had no legal rights as their transactions did not have the approval of the district collector.

Justice Oka said: “The state must act very fairly… must give reasonable time to enable them to file appeal before the structures are demolished.”

He said that the demolition came a day after the notice was served, without giving any chance to appeal. Justice Oka said the court would pass an order permitting the reconstruction of the house.

Attorney General of India R Venkatramani said the petitioners were given the first notice on December 8, 2020. Notice was also given in January and March 2021, he said. “Therefore we cannot say that there is no adequate due process. There is adequate due process.”

The bench said that the earlier notices were served by fixing them on the premises and that only the third notice was served by registered post.

“Therefore we are going to pass order only in the light of these facts. The manner in which the whole process has been conducted… because court cannot tolerate such process. If we tolerate in one case it will continue,” said Justice Oka.

The judge said: “The court will pass an order that they can reconstruct at their own cost… and if the appeal fails then they will have to demolish at their own cost.”
He said the state “should not be supporting what has been done in this case”.

According to the appellants, the demolition notice issued on March 1, 2021, was served on them on March 6, 2021, and the demolition was carried out on March 7, 2021, without giving them a reasonable opportunity to challenge it before the appellate authority under Section 27(2) of the UP Urban Planning and Development Act.