- Case
- ZULFIQUAR HAIDER v. THE STATE OF UTTAR PRADESH (Supreme Court of India, 01-04-2025)
- Law
- Constitution of India.
Uttar Pradesh Urban Planning and Development Act, 1973: The judgment extensively discusses Section 27 of the Uttar Pradesh Urban Planning and Development Act, 1973, which pertains to the "Order of demolition of building". The court reproduces the entire text of Section 27, including all its sub-sections (1) to (5). The discussion focuses on the interpretation of the proviso to sub-section (1), which mandates a reasonable opportunity to show cause before a demolition order is made. The court emphasizes that "the requirement of the proviso to sub-section (1) of Section 27 is to grant a reasonable opportunity for the person whose structure is sought to be demolished to show cause". The judgment also refers to Section 27(2) regarding the remedy of appeal. Furthermore, the judgment examines Section 43, "Services of notices, etc.", reproducing its text and emphasizing the importance of proper service of notice. The court interprets Clause (d) of sub-section (1) of Section 43, stating that "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". The court clarifies that the words "if such person cannot be found" imply "genuine multiple efforts are made to find the person on more than one day".
Constitution of India, 1949: The judgment refers to Article 21 of the Constitution of India, emphasizing that "the right to shelter is also an integral part of Article 21 of the Constitution of India". It states that "this right can be taken away only by following due process of law". The judgment also mentions that "our country is governed by the rule of law, which is an integral part of the basic structure of the Constitution".
General Principles of Law: The judgment discusses the principles of natural justice, stating that "the residential structures of citizens cannot be demolished in such a summary manner without following the principles of natural justice". The court emphasizes the importance of due process of law and a fair hearing before any demolition action is taken. The judgment also highlights the importance of the "rule of law".
