VidhiSangh

Supreme Court of India · 31/03/2025

ZULFIQUAR HAIDER & ANR. versus STATE OF UTTAR PRADESH & ORS.

[2025] 5 S.C.R. 205 · 2025 INSC 480

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Summary

The Prayagraj Development Authority demolished the appellants' residential structures under Section 27 of the U.P. Urban Planning and Development Act, 1973 after merely affixing the show-cause notice and demolition order on the premises and bulldozing the buildings within 24 hours of the only communication actually served by registered post. The Supreme Court held that the demolition was illegal, arbitrary and violative of the right to shelter under Article 21, since service by affixation under Section 43(1)(d) is permissible only after genuine repeated efforts at personal service fail and the appellants were denied the statutory appeal under Section 27(2); the Authority was ordered to pay Rs 10 lakh costs in each appeal.

Issues

  1. Whether affixing a show-cause notice and demolition order on the structure on the first visit amounts to valid service under Section 43(1)(d) of the U.P. Urban Planning and Development Act, 1973.
  2. Whether demolition within 24 hours of service of the demolition communication, denying the owner the appeal under Section 27(2), is lawful.
  3. Whether the demolition of residential structures without due process violates the right to shelter under Article 21 of the Constitution and what relief should follow.

Provisions considered

Held

Result

Appeals disposed of; High Court order dated 08.03.2021 set aside. PDA directed to scrupulously follow the directions in In Re: Directions in the matter of demolition of structures, to pay costs of Rs 10,00,000 in each appeal within six weeks (failing which interest at 6 per cent per annum from the filing of the SLPs), and to furnish the appellants a copy of the demolition order. Liberty to the appellants to pursue proceedings to establish their rights in the land and to claim compensation for the illegal demolition.

Judgment PDF: Supreme Court of India, [2025] 5 S.C.R. 205.