House Demolished by Bulldozer to Be Rebuilt: Supreme Court Slams Arbitrary Action

New Delhi (The Uttam Hindu): The Supreme Court has come down heavily on the Uttar Pradesh government over the demolition of houses in Prayagraj allegedly linked to gangster Atiq Ahmed, who was murdered in 2023. In a significant ruling, the apex court permitted the petitioners to rebuild their demolished houses at their own expense, subject to certain conditions. The decision was delivered by a bench comprising Justice Abhay S. Oka and Justice Ujjal Bhuyan, who expressed concern over the state's arbitrary use of demolition powers.

The court directed that the petitioners — including advocate Zulfiqar Haider, Professor Ali Ahmed, two widows, and another resident — may rebuild their homes, provided they file an appeal before the appellate authority within the stipulated time. If their appeals are rejected, they must then demolish the reconstructed homes at their own cost. The petitioners had alleged that their homes were demolished within 24 hours of receiving notice, without any fair opportunity to contest the action. Notices were reportedly issued late on a Saturday night, with demolitions carried out the next day.

While the Attorney General argued that proper notice was given in 2020 and early 2021, the Supreme Court dismissed the state’s justification, citing procedural lapses and failure to uphold due process. The bench referred to its previous guidelines issued in November 2024, which require a minimum 15-day notice before any demolition, served via registered post, and the right for the affected party to present their case. The court reiterated that no state can bypass the law just because a person may own more than one house, affirming that legal procedures and fundamental rights must be respected at all times.