The top court allowed the petitioners to reconstruct the demolished homes at their own cost if they were given an undertaking before the appellate authority within the specified time and didn’t claim equities over the plot or create third-party interests. 

The court further said that if the appeals by petitioners get dismissed, they must demolish the houses at their own cost and adjourned the matter to enable the petitioners to file the undertaking. 

Attorney general R Venkatramani defended the action by the state and assured of following the adequate “due process” in serving the notices. He argued that it was difficult for the state government to control unauthorised possession due to large-scale illegal occupations. 

The petitioners have alleged that they were served notice on March 6, 2021 in respect of certain constructions standing over a portion of Nazul Plot No. 19, Lukerganj, police station Khuldabad in Prayagraj district.