Sambhal demolition: SC to hear plea against authorities after a week

The Supreme Court on Friday said it would hear after a week a plea seeking contempt proceedings against Sambhal authorities for allegedly violating its verdict on demolition of properties.

Justices B R Gavai and Augustine George Masih posted the matter after a week after the lawyer appearing for petitioner Mohammed Ghayoor sought an adjournment on the ground that the arguing counsel was in a personal difficulty.

He requested the bench to post the matter after a week.

In his plea filed through advocate Chand Qureshi, the petitioner alleged the authorities violated the top court's November 13 2024 verdict which laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and giving 15 days to the aggrieved party to respond.

The plea claimed authorities in UP's Sambhal bulldozed a part of the petitioner's property on January 10-11 without a prior notice or an opportunity to him or his family members.

"The petitioner and his family members had all the necessary documents, approved maps and other related documents of the property but, the contemnors came to the premises of the petitioner property and started demolishing the said property," the plea said.

The petitioner, said the plea, was aggrieved by the arbitrary and illegal action of the authorities which was in "complete violation" of the top court's verdict.

Sambhal district magistrate and others were made respondents in his plea.

It said the apex court in its November 2024 verdict directed the state authorities to strictly adhere to the guidelines before bulldozing and demolishing properties in the country.

Authorities disobeyed the guidelines and bulldozed a part of the petitioner's factory situated at Tiwari Sarai in Sambhal without giving any prior notice, it added.

The plea argued the authorities had no respect for the court and the rule of law and the administration of justice.

Aside from seeking initiation of contempt proceedings against the authorities, the plea sought to restrain them from creating any third party interest in the premises in question.

It also sought a direction to the authorities to maintain status quo as on January 11.

Passing a slew of directions, the apex court in its November 2024 verdict made clear that they would not be applicable if there was an unauthorised structure in a public place such as road, street, footpath, abutting railway line or any river or water bodies and also in cases where there was an order for demolition made by a court of law.

The executive couldn't assume judicial powers to punish citizens by demolishing their properties without following due process, the apex court said, and termed such excesses "high-handed and arbitrary". It ruled the situation had to be dealt with a "heavy hand of the law".

"No demolition should be carried out without a prior show cause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of service of such notice, whichever is later," it said.

The top court's verdict came on pleas seeking framing of guidelines on demolition of properties.