SC takes exception to UP govt's high-handed case of demolition in Prayagraj

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The Supreme Court on Wednesday slammed the Uttar Pradesh government over demolition of houses in Prayagraj without following proper legal procedure and said the action sends a "shocking and wrong signal".

A bench of Justices Abhay Oka and N Kotishwar Singh took exception to "high-handed" case of demolition and said the demolished structures will have to be reconstructed.

"Prima facie, this action sends shocking and wrong signal and this is something that needs to be corrected. You are taking such drastic action of demolishing homes... We know how to deal with such hyper technical arguments. After all there is something known as Article 21 and Right to Shelter," the bench said.

Attorney General R Venkataramani defended the action of the state government saying that reasonable time was given to the petitioners to respond to the demolition notice.

He said the matter should be sent to the high court for consideration.

The counsel appearing for the petitioners stated that the state government wrongly demolished the houses thinking that 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 had rejected their plea challenging the demolition.

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.

The petitioners submitted that notices were given to them on Saturday night and demolition took place on Sunday in March 2021.