Parth Bajaj
On March 24, 2025, The Supreme Court strongly criticized the Uttar Pradesh government for demolishing five residential homes in Prayagraj without adhering to legal procedures. A Bench of Justices Abhay S Oka and Ujjal Bhuyan expressed serious concern over the manner in which residential homes were torn down just a day after a demolition notice was issued without giving the owners enough time to respond.
The Court made it clear that such actions violated the basic principles of natural justice and could not be tolerated. The petitioners, Advocate Zulfiqar Haider, Professor Ali Ahmed, and three others argued that they received demolition notices on the night of March 6, 2021, and their homes were demolished the next morning, leaving them no time to respond.
They also claimed that authorities wrongfully linked their properties to gangster-politician Atiq Ahmed. The State, however, argued that the petitioners were illegal occupants of a Nazul plot leased in 1906, whose lease expired in 1996, and that they had no legal rights over the land. During the hearing, the Supreme Court strongly criticized the method of serving notices, pointing out that most notices were simply affixed to properties rather than being sent through registered post.
“We’ve seen that instead of sending by post, it is served by affixing. Only the last notice was sent by registered post. Whenever it suits you, you will send by post… This is a design,” the Bench remarked. The Court emphasized that affixation should be the last mode of service, not the primary one and warned authorities to be more cautious while dealing with alleged illegal constructions.
Considering the severity of the case, the Court stated that it would allow reconstruction of the houses if the petitioners met certain conditions, including filing an appeal within the legal timeframe and refraining from creating third-party rights.
However, Attorney General R Venkataramani, representing the State, opposed the move, arguing that notices had been issued well in advance. Despite this, the Court remained unconvinced, highlighting the failure to properly notify the affected individuals. The Supreme Court has granted time for all parties to file affidavits before issuing a final decision.
Case Name: Zulfiquar Haider v. The State Of Uttar Pradesh
Case Number: SLP(C) No. 006466 – / 2021
Bench: Justices Abhay S Oka and Ujjal Bhuyan
