Prayagraj (Uttar Pradesh) [India], April 1 : The Supreme Court on Tuesday strongly criticised the Prayagraj Development Authority for demolition of some houses without following due process of law and remarked that this "shocks our conscience".
Authorities and especially development authorities must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India, said a bench of Justices Abhay S Oka and Ujjal Bhuyan.
The apex court said the demolition action of the development authority was "inhuman and illegal", adding that "residential structures of citizens cannot be demolished in such fashion".
"Carrying out demolition in such a manner shows insensitivity on the part of the statutory development authority," said the top court as it slammed the authority for "illegal" demolition of houses.
It further remarked that these cases shock our conscience, adding that residential premises of the appellants have been "high handedly" demolished.
Hence, the bench directed Prayagraj Development Authority to pay compensation of Rs 10 lakh each to house owners whose houses were demolished, within six weeks.
In 2021, the authority had demolished the houses of a lawyer, a professor and three others in Prayagraj.
"Considering the illegal action of the demolition which is in violation of rights of the appellants under article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of Rs 10 lakhs each to the appellants," the order stated.
During the hearing, the top court was informed by the counsel of petitioners that they don't have the funds to reconstruct houses on their own cost.
The bench also expressed shock that houses were demolished within 24 hours of notice was affixed.
The order of the apex court came on a plea filed by advocate Zulfiqar Haider, professor Ali Ahmed and others whose houses were demolished.
The Allahabad High Court had rejected their pleas challenging the demolition. Thereafter, petitioners approached the apex court against the High Court order.