In recent years, the trend of demolishing houses with bulldozers has sparked nationwide debates in India. The Supreme Court has now taken a firm stand, calling such actions illegal and inhumane. A bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan made strong remarks while hearing a case related to house demolitions in Prayagraj, Uttar Pradesh, emphasizing the importance of constitutional rights and the rule of law. The court also directed the authorities to compensate affected families with ₹10 lakh each for the unjustified demolition.
Bulldozer Demolitions Violate Constitutional Rights
The Supreme Court highlighted that the Right to Shelter is a fundamental right under Article 21 (Right to Life and Personal Liberty) of the Indian Constitution. The court asserted that no house should be demolished without following proper legal procedures, and any arbitrary action by authorities is a gross violation of citizens’ rights.
5 Key Observations by the Supreme Court
1. Demolitions Are Deeply Disturbing
The court expressed shock over the manner in which houses were demolished in Prayagraj, calling it arbitrary and inhumane. The judges stated that such actions shake the conscience of the judiciary and cannot be tolerated in a democratic nation.
2. Right to Shelter is a Fundamental Right
The bench reaffirmed that every citizen has the right to a secure home and authorities cannot deprive anyone of their shelter without following due legal process. The court emphasized that rule of law is the foundation of the Constitution.
3. Serious Flaws in the Notice Process
The Supreme Court pointed out significant lapses in serving eviction notices before demolitions. In this case, notices were simply pasted on houses, but there was no real attempt to deliver them personally. Shockingly, the first registered notice was sent on March 6, 2021, and the houses were demolished the very next day, denying residents the chance to appeal.
4. Compensation for Arbitrary Action
Taking a strong stand against administrative misuse of power, the court ordered the Prayagraj Development Authority to pay ₹10 lakh compensation to each affected homeowner within six weeks. The bench dismissed the argument that illegal constructions should not be compensated, stating that denying proper legal proceedings is a bigger injustice.
5. End the Practice of “Pasting Notices”
The court strongly criticized the practice of pasting eviction notices without making genuine efforts to serve them in person. It called this method a “sham process” and directed that notices must first be personally delivered. Only if this fails, alternative methods like postal delivery should be used.
Rule of Law Must Prevail
The Supreme Court’s ruling is a landmark judgment that reinforces the importance of legal procedures and citizen rights. It sends a clear message that government agencies cannot arbitrarily demolish homes without following proper judicial and administrative processes.
Conclusion
This verdict is a significant step towards ensuring justice and holding administrative authorities accountable. It highlights that citizens’ rights cannot be trampled upon under the guise of law enforcement. The ruling also sets a strong precedent for future cases, ensuring that illegal demolitions without due process are stopped.
FAQs
1. What did the Supreme Court say about bulldozer demolitions?
The court called them illegal and inhumane and ordered authorities to follow legal procedures before demolition.
2. What compensation was ordered for affected homeowners?
The Supreme Court directed authorities to pay ₹10 lakh per house as compensation within six weeks.
3. Why was the notice process criticized?
The court found that notices were not properly served, and demolitions happened before residents could appeal.
4. What is the impact of this ruling?
This decision strengthens constitutional rights, ensures accountability, and discourages arbitrary government actions.