The Supreme Court on Tuesday chastised the Prayagraj Development Authority for demolishing houses of six individuals, describing the action as "inhuman and illegal".
A division bench comprising Justices AS Oka and Ujjal Bhuyan observed that the demolition was carried out in a "high-handed" manner and reiterated that "there is rule of law in the country".
The Bench verbally remarked "this shocks our conscience. There is something called "right to shelter, due process of law".
Irked at the action, the Bench also directed the Prayagraj Development Authority to pay ₹10 lakh compensation to each house owner whose residential structure was demolished. The court has set a deadline of six weeks for the compensation (a total of ₹60 lakhs) to be disbursed.
"The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India...Considering the illegal action of the demolition which is in violation of rights of the appellants under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of ₹10 lakhs each to the appellants", the Bench ordered.
The top court also disapproved of the way demolition notices were served, stating that merely affixing them was not sufficient.
"This affixing business must be stopped. They have lost their houses because of this," Justice Oka verbally remarked, referring to the authorities' practice of affixing notices rather than serving them in person or by post.
A division bench comprising Justices AS Oka and Ujjal Bhuyan observed that the demolition was carried out in a "high-handed" manner and reiterated that "there is rule of law in the country".
The Bench verbally remarked "this shocks our conscience. There is something called "right to shelter, due process of law".
Irked at the action, the Bench also directed the Prayagraj Development Authority to pay ₹10 lakh compensation to each house owner whose residential structure was demolished. The court has set a deadline of six weeks for the compensation (a total of ₹60 lakhs) to be disbursed.
"The authorities and especially the development authority must remember that the right to shelter is also an integral part of Article 21 of the Constitution of India...Considering the illegal action of the demolition which is in violation of rights of the appellants under Article 21 of the Constitution, we direct the Prayagraj Development Authority to pay compensation of ₹10 lakhs each to the appellants", the Bench ordered.
The top court also disapproved of the way demolition notices were served, stating that merely affixing them was not sufficient.
"This affixing business must be stopped. They have lost their houses because of this," Justice Oka verbally remarked, referring to the authorities' practice of affixing notices rather than serving them in person or by post.
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