Why SC slapped Rs 60 lakh fine on UP govt on plea by Prayagraj residents affected by demolitions
New Delhi April 1 dmanewsdesk: In a stern warning to civic authorities who demolish structures without following due process, the Supreme Court Tuesday imposed a fine of Rs 60 lakh on the Uttar Pradesh government for contravening its own law on demolitions when it had pulled down six structures in Prayagraj in 2021.
A bench led by Justice Abhay S. Oka set aside six demolition notices, after it concluded they violated the procedure enumerated under section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, and directed the Prayagraj Development Authority (PDA) to pay Rs 10 lakh each to the petitioners as compensation.
While doing so, the bench also underlined a significant requirement that must be met by civic bodies before they raze alleged illegal structures.
It said demolition notices must be served personally to the individual residing in the premises identified as unauthorised. Mere affixation of the notice on the premises was not a valid ground to go ahead with demolition. “The affixing business must be stopped. They have lost their houses because of this,” the bench observed, while disposing of six petitions that challenged the Allahabad High Court order, which declined them relief.
The high court had dismissed the petitions, accepting the state’s argument that the lease signed between the residents and PDA had expired in 1996, and their freehold applications too were rejected in 2015 and 2019.
The top court, however, did not comment on the ownership rights over the land and left it to the parties to contest it before a court with appropriate jurisdiction.
Source The print
