The case involves the demolition of homes belonging to individuals including advocate Zulfiqar Haider and Professor Ali Ahmed. These demolitions took place in March 2021, following notices issued by the authorities. The affected parties contend that the rapid sequence—from notice issuance to demolition—denied them a fair chance to contest the actions.
Justice Oka emphasised the necessity for the state to act fairly, highlighting that reasonable time should be provided to enable affected individuals to file appeals before any structures are demolished. The court underscored that tolerating such processes could set a concerning precedent.
In response, Attorney General R Venkataramani, representing the Uttar Pradesh government, argued that the petitioners had been given sufficient notice. He stated that initial notices were issued in December 2020, followed by subsequent notices in January and March 2021. However, the petitioners maintain that the final demolition notice was served on March 6, 2021, with the demolitions executed the following day, leaving inadequate time for legal recourse.
The state government asserts that the petitioners lacked legal rights to the properties, alleging that they were illegally occupying public land. The government further claims that the land in question was designated for public use and that the petitioners' transactions did not have the requisite approval from the district collector.
Addressing the immediate concerns of the displaced residents, the Supreme Court proposed allowing the reconstruction of the demolished homes at the petitioners' expense. This proposal is contingent upon the petitioners filing appeals within the specified timeframe and refraining from creating third-party interests on the property. The court clarified that should the appeals be unsuccessful, the petitioners would be responsible for dismantling the reconstructed structures at their own cost.