Introduction and Context

  • The Supreme Court of India has condemned the arbitrary bulldozing of homes in Prayagraj in 2021 by the Prayagraj Development Authority, terming it "inhumane and illegal".
  • The court has ordered the delivery of Rs 10 lakh compensation to each affected individual.
  • This judgment upholds the citizens' right to shelter against unprocedural and arbitrary government actions.

 

The Supreme Court's Judgement on Demolitions and the Right to Shelter

  • The Supreme Court strongly affirms that the right to shelter is inherent to the right to life and personal liberty, protected under Article 21.
  • Any demolition conducted without a standard process and fairness is a serious violation to human dignity.
  • The court notes that authorities failed to provide homeowners with a reasonable opportunity to respond to eviction notices, these notices were simply attached to properties instead of individuals being served in person, as the Uttar Pradesh Urban Planning and Development (UPUPD) Act, 1973 requires.

 

Landmark Legal Precedents

  • During the 1978 case, Maneka Gandhi vs Union Of India, the Supreme Court stated that all laws must be fair and reasonable, buttressing due process and making arbitrary demolitions unconstitutional.
  • The Olga Tellis v. Bombay Municipal Corporation, 1985 and K.T. Plantation (P) Ltd. V. State of Karnataka Case, 2011 further upheld the right to shelter and fairness during property deprivation as per Articles 21 and 300-A respectively.

 

The Impact of Unplanned Demolitions on Perspective of Rule of Law and Human Rights

  • Arbitrary demolitions serve as summary justice, sidestepping the judiciary and violating the rule of law.
  • These actions also fundamentally violate the Geneva Convention's mandate against collective punishment, as whole families are often displaced irrespective of individual involvement in alleged offences.
  • Beyond the displacement of over 1.5 lakh families, the Housing and Land Rights Network reports significant disruption, including material and psychological damage to livelihood, education, and mental health, mostly affecting the urban poor and marginalised populations.

 

Recommendations for Prevention of Arbitrary Demolitions

  • The Supreme Court's guidelines from 2024 should be codified into municipal and state laws for consistent application.
  • To regulate eviction and demolition in line with international standards, national legislation must be enhanced.
  • Implementing an online portal to record and display all planned demolitions, served notices, final orders, and video evidence for public scrutiny and transparency.
  • In order to prevent such actions, establish a fast-track system at the district level for those affected, as well as dedicated tribunals, to enable the addressing of these cases swiftly.
  • Promoting alternative dispute resolution mechanisms, such as mediation and arbitration, and moving toward a "rehabilitate first, demolish later" approach.
  • Finally, those affected by legal demolitions must be supported through measures like alternate housing under schemes like Pradhan Mantri Awas Yojana, along with emotional and livelihood support.