The Supreme Court on Friday directed a petitioner to seek redress from the high court concerning a plea for contempt proceedings against Sambhal authorities. The plea alleges non-compliance with the apex court’s guidelines on property demolition.
Justices B R Gavai and K Vinod Chandran, presiding over the case, advised the petitioner’s counsel to approach the jurisdictional high court. “We find that the issue can be best addressed by the jurisdictional high court. We, therefore, dispose of the present petition with liberty to the petitioner to approach the jurisdictional high court,” the bench stated.
The plea, brought forward by Mohammed Ghayoor through advocate Chand Qureshi, claims that local authorities in Sambhal, Uttar Pradesh, violated the Supreme Court’s directives from a November 13, 2024, verdict. This ruling established nationwide guidelines that prohibit the demolition of properties without prior show-cause notice and a 15-day response period for the affected parties.
According to the petitioner, on January 10-11, authorities demolished a part of his property without issuing the required notice or allowing him or his family to respond, thus disregarding the Supreme Court’s instructions.
During the court session, after the order was pronounced, Ghayoor’s counsel expressed concern over the potential creation of third-party interests in the demolished property. In response, the bench reminded him of the existing directives, “Go and file a prosecution. We had issued all necessary directions.”
The November 2024 verdict came as a response to petitions seeking clear guidelines on property demolitions, stipulating that no demolitions should occur without prior notice, which should be returnable in accordance with local municipal laws or within a 15-day period, whichever is later. The judgment explicitly stated that these rules do not apply to unauthorized structures in public spaces such as roads, streets, or near critical infrastructures unless a court has ordered the demolition.
Ghayoor’s plea not only sought contempt proceedings against the Sambhal authorities for their alleged failure to follow these guidelines but also requested that the authorities be restrained from creating any third-party interest in the affected property and to maintain the status quo as of January 11.
