Supreme Court Awards Rs 10 Lakh Each for Prayagraj Demolitions
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Synopsis
The Supreme Court of India has ordered compensation of Rs 10 lakh each to five individuals, including a lawyer and a professor, whose homes were demolished in Prayagraj without due legal process, emphasizing the importance of the right to shelter and due process.
Key Takeaways
- Supreme Court ordered Rs 10 lakh compensation to five individuals.
- Demolitions in Prayagraj were deemed unlawful.
- Authorities must adhere to the UP Planning Act.
- Right to shelter is a fundamental right under Article 21.
- Personal delivery of notices is mandated.
New Delhi, April 1 (NationPress) The Supreme Court mandated a compensation of Rs 10 lakh each for a lawyer, a professor, and three other individuals in Prayagraj, whose residences were razed by Uttar Pradesh authorities without adhering to the established legal protocols.
"These incidents disturb our moral sensibilities. There exists a fundamental right to shelter and a necessity for due process," stated a panel of Justices Abhay S Oka and Ujjal Bhuyan as they instructed the Prayagraj Development Authority to disburse Rs 10 lakh to each of the claimants.
The apex court emphasized that the authorities must acknowledge that the right to shelter is a critical component of the right to life as enshrined in Article 21 of the Constitution.
The bench led by Justice Oka expressed strong disapproval regarding how the demolition notices were communicated to the affected parties.
"This practice of affixing notices must cease," the court remarked, questioning why notifications were not sent via registered mail, especially since the UP Planning Act permits sending notices through registered post.
The bench further stated that the law necessitates sincere attempts to deliver notices in person before opting for affixing.
"It is unacceptable that the individual assigned to deliver a notice simply affixes it after finding the recipient absent. Clear, repeated attempts for personal delivery must be made," the apex court asserted.
To ensure that the Prayagraj Development Authority remembers the importance of following due process, the court determined that each appellant would receive Rs 10 lakh in compensation. The court instructed the civic authority to strictly comply with its previous judgment that outlines nationwide guidelines regarding the demolition of properties.
In a ruling from November of the previous year, the apex court had laid out several directives aimed at alleviating public concerns about the arbitrary use of power by municipal officials in instances of "bulldozer/demolition justice."
