'Move Before The High Court': SC Disposes Plea Contempt Plea Against Demolition Of Property In Sambhal

The top court disposed the contempt plea, saying the high court can best address the issue of demolition of property in Sambhal.

New Delhi:Disposing a contempt plea, the Supreme Court Friday asked the petitioner to move before the Allahabad High Court against Uttar Pradesh authorities alleging violation of its November 2024 order, restraining demolition action without prior notice and opportunity of hearing. The petitioner moved the apex court seeking initiation of contempt proceedings against Sambhal authorities for allegedly violating its verdict on demolition of properties.

The matter came up before a bench comprising justices B R Gavai and K Vinod Chandran. At the outset, the bench questioned the petitioner’s counsel that why should the apex court entertain this petition? A counsel, representing the petitioner Mohammed Ghayoor, citing the November order of the apex court, said it says violation of any direction of the court will lead to initiation of contempt proceedings. “So, that is why we have filed this (petition) before the apex court…”, the petitioner’s counsel said.

After hearing brief submissions in the matter, Justice Gavai said the issue can be best addressed by the Allahabad High Court. “Therefore, we dispose of the present petition with the liberty to the petitioner may approach the jurisdictional high court,” said the bench. The petitioner’s counsel urged the court to pass a direction that in the meantime no third-party interest is created in his property and stressed that the authorities demolished his client's legalized construction. Justice Gavai declined to entertain this contention. “Nothing in the meantime….”, said Justice Gavai, adding that the apex court had already issued necessary directions.

The bench said in case there is any breach, the jurisdictional high court will be entitled to entertain.

The petitioner, in his plea, alleged that there was violation of the November 13 last year verdict of the apex court. The court, in its verdict, had laid down pan-India guidelines, saying that no property should be demolished without a prior show cause notice and the affected parties must be given 15 days to respond.

The petitioner claimed that the authorities bulldozed a part of his property on January 10-11 without giving any prior notice and opportunity to him or his family members. The petitioner claimed that his family is in possession of all necessary documents in connection with the property.

On November 13, the Supreme Court laid down comprehensive guidelines against arbitrary demolitions and, emphasizing on the rule of law and following due process by authorities, saying that the chilling sight of bulldozers demolishing a building when the authorities have failed to follow the basic principles of natural justice reminds that might was right. The apex court said if a citizen's property is demolished merely because he is an accused or even for that matter a convict that too without following the due process as prescribed by law, then it would be totally unconstitutional.