Supreme Court slams UP govt over 2021 demolitions, allows reconstruction
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New Delhi: The Supreme Court on Monday criticized the manner in which the demolitions were carried out within 24 hours of giving the notice to the residents in Uttar Pradesh, The Wire reported.
While allowing the reconstruction of the demolished houses in the state, the court expressed shock at the demolitions with Justice A S Oka saying that ‘It shocks the conscience of the court the manner in which within 24 hours of the notice it was done’.
Justice A S Oka along with Justice Ujjal Bhuyan heard the matter being part of a two-judge bench.
However, the court earlier made it clear that the constructions were ‘unauthorised’ pointing out that land lease was expired in 1996 and applications for freehold conversion were rejected in 2015 and 2019.
Justice Oka pointed out that the demolitions took place the day after the notice was issued giving the residents no chance to appeal.
Justice Oka said that ‘the state must act very fairly… must give reasonable time to enable them to file appeal before the structures are demolished.’
Making it clear that the court could not tolerate the manner in which it was carried out, Justice Oka said: ‘therefore we are going to pass order only in the light of these facts. The manner in which the whole process has been conducted… because court cannot tolerate such process. If we tolerate in one case it will continue’.
Allowing the reconstruction of the houses, the court said: ‘The court will pass an order that they can reconstruct at their own cost… and if the appeal fails then they will have to demolish at their own cost.’