Zulfiquar Haider vs State Of Uttar Pradesh 2025 INSC 480 - Bulldozer Justice - Fundamental Right To Shelter - Demolition
Constitution of India - Article 21 - The right to shelter is also an integral part of Article 21 of the Constitution of India. This right can be taken away only by following due process of law. Moreover, our country is governed by the rule of law, which is an integral part of the basic structure of the Constitution. The residential structures of citizens cannot be demolished in such a summary manner without following the principles of natural justice. [Context: While setting aside Allahabad HC order in a demolition matter, SC observed: Carrying out demolition of residential structures in such a high- handed manner shows insensitivity on the part of the statutory development authority. This is one more case of bulldozer justice. The officers of the PDA have forgotten that the rule of law prevails in our country. Unfortunately, the State Government has supported the PDA.]
Uttar Pradesh Urban Planning and Development Act, 1973 -Section 43- If a person to whom the document is addressed is not found, it shall be affixed on some conspicuous part of his last known place of residence or business, or it should be tendered to some adult member of his family. There is also an option provided to send the document by registered post. Clause (d)(2) uses the words “if such person cannot be found”. The words are not “if such a person is not found”. It is clear that only after genuine multiple efforts are made to find the person on more than one day, one can say that “the person cannot be found”. It cannot be that the person entrusted with the job of serving notice goes to the address and affixes it after finding that on that day, the person concerned is unavailable at a given time. The words “if such a person cannot be found” cannot be given any other interpretation- Repeated efforts have to be made to effect personal service. Only if those efforts fail, can the other two options be resorted to. One is of affixing and the second is of sending by registered post. Considering the drastic consequences provided in Section 27, recourse should usually be taken to both modes. The officers of the PDA must understand that before a structure is demolished, every possible effort should be made to effect a proper service of the show-cause notice.
