UP demolition drive's victims welcome SC verdict, look to seek compensation

A day after the Supreme Court verdict on bulldozer action, the victims of demolition drives across Uttar Pradesh have breathed a sigh of relief and said they would take legal recourse to seek compensation for their losses.

The Uttar Pradesh government, which has been receiving flak from various quarters over its bulldozer action, has also hailed the apex court's verdict while clarifying that the demolitions were carried out after following due process and on properties constructed on encroached lands. 

Equating "bulldozer justice" with a lawless state of affairs where might is right, the Supreme Court on Wednesday laid down pan-India guidelines and said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.

 

In Prayagraj, the house of Javed Mohammad, who runs a pump set business, was demolished with a bulldozer on June 12, 2022. Police justified the action, saying he had five cases registered against him and was the main accused in a stone pelting incident in the Atala area.

"Houses shouldn't be demolished in an arbitrary manner... when my two-storey house was being demolished, my wife and daughter were kept in police custody," Mohammad said, hailing the SC verdict.

He claimed his house was razed without notice as the local administration was eager to prove to the higher-ups that it had ensured "action overnight".

"The administration's claim of sending a notice is completely false... they never sent any notice," he said.

He said after the demolition, his family faced a lot of hardships and no one came forward to help.

"No friend or relative came forward to help. With great difficulty my family shifted to a rented house," he said, adding that due to the demolition, he suffered huge losses in his business.

Prayagraj Development Authority Secretary Ajit Singh, however, said the authority only takes action against those houses or shops that are not approved.

"Before a demolition, a notice is issued and the person is given an opportunity to present his side. Action is taken only after that, he said.

In Bareilly, houses of 16 people were demolished in Gausganj village in Shahi area on July 22. The houses belonged to those named as accused in a clash over taking out a Tazia procession in which one person was killed.

Reacting to the SC verdict Rasidan, Nafisa and Saira Khatoon of Gausganj, whose houses had been demolished, said they will approach the court to seek compensation.

Sub Divisional Magistrate Tripti Gupta said 11 houses of those involved in vandalism were identified in the village. These houses were constructed after encroaching on the Gram Sabha land. Later, a revenue team identified five more such houses that too were demolished, she said.

On June 22, two groups of Rajiv Rana and Aditya Upadhyay fired at each other in Bareilly over a dispute. On June 27, Rana's house and hotel in the Tulasherpur locality were demolished while the resort of Upadhyay also saw bulldozer action on July 28.

Rana's daughter Avantika said after the SC decision, they have decided to take the police, district administration and the Bareilly Development Authority to court to seek compensation.

While BDA Vice Chairman Manikandon A said that Upadhyay's resort was constructed illegally, the businessman's mother, Savitri Devi, said no notice was served to them regarding the demolition.

"We were not given time to take out our belongings," said Devi.

Five more houses were demolished in Kalyanpur village in the Sirauli area after a blast in a cracker factory killed eight people on October 6.

Sub Divisional Magistrate of Aonla, Nanhe Ram, said the houses were damaged due to the explosion and had to be demolished to prevent their collapse and more loss of lives.