New Delhi: The Supreme Court on Friday declined to entertain a plea seeking contempt proceedings against authorities in Sambhal, Uttar Pradesh, for allegedly violating its directives on property demolitions. Instead, the court advised the petitioner, Mohammed Ghayoor, to approach the relevant high court for legal recourse, reported the Hindustan Times.
A bench comprising Justices B.R. Gavai and K. Vinod Chandran ruled that the matter was best addressed by the jurisdictional high court. “We find that the issue can be best addressed by the high court. We, therefore, dispose of the petition with liberty to the petitioner to approach the jurisdictional high court,” the bench stated.
Ghayoor’s counsel urged the court to ensure that no third-party interest be created in the disputed property while legal proceedings were ongoing. However, the court reiterated its previous stance, stating, “Go and file a prosecution. We had issued all necessary directions.”
The plea, filed through advocate Chand Qureshi, alleged that authorities in Sambhal had disregarded the Supreme Court’s ruling from November 13, 2024. That ruling had laid down nationwide guidelines prohibiting property demolitions without prior showcause notices and mandated that affected individuals be given 15 days to respond before any action was taken.
Despite these directives, the petition claimed, a portion of Ghayoor’s property was demolished on January 10-11 without prior notice or an opportunity to present legal documentation. “The petitioner and his family had all the necessary documents, approved maps, and other records of the property. However, the contemnors arrived at the premises and began demolishing the property,” the plea stated.
The Supreme Court had previously clarified that its demolition guidelines did not apply to unauthorized constructions on public land, including roads, footpaths, railway lines, and water bodies, nor to cases where demolition was ordered by a court of law. Given this framework, the bench directed the petitioner to seek remedy from the appropriate high court.
The ruling underscores the legal recourse available to citizens in cases of alleged unlawful demolitions, reaffirming the judiciary’s role in upholding due process.
