The Supreme Court on Monday declined to grant an urgent hearing or interim protection against an ongoing property demolition, ruling that the petitioner must first approach the appropriate high court for relief.
Bypassing Of High Courts Criticized
A three-judge bench consisting of Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana refused to entertain the petition directly. Chief Justice Kant expressed concern over a growing tendency among litigants to bypass jurisdictional high courts and seek immediate intervention from the nation’s highest court.
The Chief Justice clarified that the Supreme Court would not act as a court of first instance in the matter, adding that he would not intervene directly even if the structure were completely dismantled.
Disputed Construction Authority
The legal battle stems from conflicting claims over the legitimacy of the building. Representing the petitioner, counsel argued that the construction had been carried out legally under a duly sanctioned building plan and requested immediate protection to halt the active demolition.
However, local authorities contested this claim, alleging that the building was erected on land classified as a pond area.
Following the Supreme Court’s refusal to grant interim relief, the petitioner must now pursue legal remedies through the relevant regional high court.
