Supreme Court Issues Notice On Contempt Plea Alleging Illegal Demolition Of Property By Rajasthan Authorities; Orders Status Quo

The Supreme Court today issued notice and ordered status quo in a contempt petition alleging illegal demolition of property by Rajasthan authorities, in violation of the Court's November 13 judgment in the 'bulldozer matter'.

A bench of Justices BR Gavai and AG Masih passed the order, after hearing Senior Advocate Sanjay Hegde on behalf of the petitioner.

At the outset of the hearing, Justice Gavai questioned as to why the petitioner did not approach the jurisdictional High Court. "Why don't you go to the High Court? Every petition here...it will not come up even after a year...", the judge said.

In response, Hegde submitted that the Court has already issued notice in 2 similar petitions (read details here and here), which are coming up at the end of the month. Further, he contended that in the present case, there was a Court decree in existence as to the petitioner's title over the property and the relevant regularization amount had been paid. Also, a notice was served on the authorities detailing all facts, but even so, the property was demolished on the next day.

"Despite that, the Collector refuses...sometimes, the Collectors are young people, hot-blooded...there are times where mere going to the High Court may not be sufficient. If your lordships just ask them to explain their conduct..."

The senior counsel further claimed that the "contagion" (of demolitions in violation of the Court's November 13 judgment) seems to be spreading, "irrespective of what we do, what our efforts are, they sometimes seem to think...it's almost like the English phrase 'writ in water' (easily forgotten)...we keep banging our heads...".

Ultimately, the bench issued notice on the petition. In response to a contention that the nearby Veterinary Hospital is seeking to take over the land on which the demolished property once was, it also ordered that status quo shall be maintained at the site.

The petition, filed through AoR Anas Tanwir, assails the demolition of a property on Air Force Road, Near Veterinary Hospital, Jaisalmer, Rajasthan. It is claimed that the said property was demolished despite a Court decree recognizing the title of the petitioner and regularization amount having been paid to the authorities.

"the Respondents acted in utter disregard of the directives laid down by this Hon'ble Court and failed to provide prior notice or opportunity for a hearing before demolishing the Said Property although its title was held by the Petitioner and the same had been confirmed vide the Compromise Deed and Decree dated 19.11.2013."

As per averments, the respondent-authorities trespassed on the petitioner's property on January 21, asking that it be vacated immediately as it belonged to the nearby Veterinary Hospital. The petitioner showed the authorities the relevant legal documents, but to no avail. He also served a legal notice, pointing to the Court's November 13 judgement stipulating mandatory procedural safeguards before demolition. But instead of complying with the same, the respondents "willfully defied this Hon'ble Court's authority and the very next day i.e. on 22.01.2025 at around 11:00 AM proceeded with illegal demolition of the Said Property."

The petitioner asserts that the demolition was without any valid notice and in clear violation of the Court's November 13 directions. If such flagrant violation is left unchecked, it will erode public faith in authority of the Court, he says.

"the said demolition was not an administrative lapse but a calculated act of defiance, setting a dangerous precedent whereby government officials brazenly disregarded this Hon'ble Court's orders with impunity...if such flagrant contempt is left unchecked, it will erode public faith in the authority of this Hon'ble Court and encourage further lawlessness."

Case Title: PUKH RAJ Versus PRATAP SINGH AND ORS., CONMT.PET.(C) No. 112/2025 in W.P.(C) No. 295/2022