Supreme Court Condemns Illegal Demolition by Prayagraj Development Authority, Upholds Right to Shelter Under Article 21

“Bulldozer Justice” Declared Arbitrary and Inhuman; Authorities Directed to Follow Due Process and Pay Rs. 10 Lakhs Costs Per Case

In a landmark judgment dated April 1, 2025, the Supreme Court of India sternly reprimanded the Prayagraj Development Authority (PDA) for the illegal and highhanded demolition of residential structures belonging to appellants Zulfiquar Haider and others. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan declared that such demolition without following due process violates the fundamental right to shelter guaranteed under Article 21 of the Constitution of India.

The Court emphasized that the right to shelter is an integral part of the right to life and liberty under Article 21, and can only be curtailed through a procedure established by law that respects the principles of natural justice. It was observed that the PDA failed to comply with the mandatory procedural requirements under Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, which governs demolition of unauthorized constructions.

The facts revealed that the PDA issued a show-cause notice on December 18, 2020, but merely affixed it on the residential structures without making genuine multiple attempts to serve it personally to the appellants. The subsequent demolition order dated January 8, 2021, was similarly served only by affixing, without sending copies via registered post as required. The demolition was executed on March 7, 2021, merely 24 hours after serving a communication by registered post, thereby depriving the appellants of a fair opportunity to file an appeal against the demolition.

Relying on its earlier ruling in In Re: Directions in the matter of demolition of structures, 2024 SCC Online SC 3291, the Court reiterated that notices for demolition must be served personally, by registered post, or affixed conspicuously only after genuine repeated efforts to locate the addressee. The Court categorically condemned the conduct of PDA as “bulldozer justice,” describing it as arbitrary, inhuman, and a violation of the rule of law.

Given that the appellants were unable to reconstruct their demolished homes, the Court did not order their reconstruction but imposed exemplary costs of Rs. 10,00,000 per appeal on the PDA for its illegal and insensitive actions. The Court directed the PDA to pay the costs within six weeks, failing which interest at 6% per annum would accrue from the date of filing the Special Leave Petitions.

The Supreme Court also set aside the Allahabad High Court’s order dated March 8, 2021, which had upheld the demolition, and directed the PDA to strictly adhere to the procedural safeguards outlined in the Court’s prior directions on demolition matters. The appellants were given liberty to initiate appropriate proceedings to assert their land rights and claim compensation for the illegal demolition.

This verdict reaffirms the judiciary’s commitment to protecting citizens’ fundamental rights against arbitrary state actions and underscores the necessity for statutory authorities to uphold due process and the rule of law, especially when dealing with matters affecting the right to shelter.

Statutory provisions

Article 21 of the Constitution of India, Uttar Pradesh Urban Planning and Development Act, 1973 - Section 27, Section 43

---

This news report captures the essence of the Supreme Court’s judgment, highlighting the key legal findings, procedural lapses, constitutional protections, and the resulting directions and costs imposed on the authority. It explains the importance of due process and the right to shelter while condemning arbitrary demolitions under the guise of “bulldozer justice.”

Zulfiquar Haider v. State of Uttar Pradesh, (SC) : Law Finder Doc Id # 2717298