SC Upholds Due Process in Prayagraj Demolition Case

SC Upholds Due Process: The Supreme Court condemned the Prayagraj Development Authority’s 2021 demolition of homes as “inhumane and illegal,” ordering Rs 10 lakh compensation per affected individual.

Right to Shelter: The Court reinforced that the right to shelter is integral to Article 21 (right to life), and arbitrary demolition violates human dignity.

Violation of Due Process: Authorities failed to provide homeowners a reasonable opportunity to respond; notices were improperly affixed instead of being personally served as required by the UPUPD Act, 1973. Genuine efforts for personal service must be made. “This affixing business must be stopped. They have lost their houses because of this”.

Precedent: The ruling aligns with the SC’s 2024 guidelines against “bulldozer justice,” mandating 15 days’ notice and a chance to challenge demolition orders.

Arbitrary Demolitions Undermine Rule of Law: Demolitions without due process undermine the judiciary and promote “instant justice.”

Collective Punishment: Arbitrary demolitions result in families being rendered homeless, amounting to collective punishment. Geneva convention and Geneva Conventions (Article 87) prohibits collective punishment, arbitrary demolitions breach this norm.

SC Concern: The court was shocked by a video of a young girl fleeing a demolition with her books, reflecting the humanitarian impact.

Nazul Land Issue: While the SC didn’t address land rights, it focused on the improper demolition process, emphasizing the need for fair notice and opportunity to be heard.

Future Action: Court leaves it open to appellants to file appropiate proceedings for establishing their title and interest with regard to the property.