Supreme Court Declines Contempt Plea on Demolition, Directs Petitioner to High Court

The Supreme Court has refused to entertain a contempt petition alleging violation of its judgment dated November 13, 2024, which restraining demolition actions across the country without prior notice and opportunity of hearing. A bench of Justices BR Gavai and AG Masih passed the order, stating that the petitioner, if aggrieved, can very well approach the jurisdictional High Court. Justice Gavai probed why the petitioner approached the top Court directly when liberty has been granted in the November judgment to approach the concerned High Court. The petitioner’s counsel defended the decision, pointing out that the jurisdictional High Court had taken a view in a batch of petitions relating to demolition actions taking place at some distance from the petitioner’s property.

The Supreme Court has issued guidelines for demolitions based on criminal charges, mandating a 15-day notice, a personal hearing, and a final order specifying the construction’s status and demolition necessity. Affected parties must have the opportunity to challenge the order. Violations may result in contempt proceedings, prosecution, and personal liability for officials, including restitution and damages. These guidelines do not apply to unauthorized structures in public spaces or cases where a court order has been issued.

The counsel submitted that the petitioner is the owner of the subject land with a registered sale deed in his favor, who only put up a tin shed at the property. The demolition action was carried out only with 1 day’s notice, wherein the nature of violation was not specified. Justice Gavai asked the Court to be shown the sanction plan, but the bench refused to entertain the petition.

The Supreme Court previously disposed of a contempt petition filed against UP authorities for alleged violation of the November judgment, while granting liberty to the petitioner to approach Allahabad High Court. In another contempt matter, the Court recently issued notice to Uttar Pradesh authorities for alleged violation of the November judgment and ordered stay on further demolition.

Case Title: VIKAS MAMANCHAND GOYAL Versus SHEKHAR SINGH AND ANR.