Contempt Petition Filed In Supreme Court Against Demolition Of Property At Sambhal, UP

A contempt petition has been filed before the Supreme Court against Uttar Pradesh authorities for alleged violation of order dated November 13, 2024 restraining demolition actions across the country without prior notice and opportunity of hearing.The petitioner claims that a part of his property, situated at Sambhal, was demolished by authorities between January 10 and 11, 2025 without any prior notice or hearing, despite the Court's clear directions. The matter is listed for consideration before a bench of Justices BR Gavai and AG Masih tomorrow.Notably, two other contempt petitions alleging violation of the orders regarding demolitions across the country are pending before the Court. One of these has been filed by 47 Assam residents assailing demolition of their homes without prior notice. The other has been filed by the Summast Patni Musslim Jamat, assailing demolition of Muslim religious and residential places by Gujarat authorities.Supreme Court order alleged to have been violatedOn November 13, the Supreme Court held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted in a crime. A set of guidelines - to be followed before demolition - were issued by the Court. These included -(i) No demolition should be carried out without prior show cause notice returnable either in accordance with the time provided in the local municipal laws or within 15 days time from the date of service, whichever is later.(ii) Designated authority shall give an opportunity of personal hearing to the aggrieved party. The minutes of such a hearing shall be recorded. The final order of authority shall contain contentions of noticee, the findings of the authority and reasons, as to whether the unauthorized construction is compoundable, and whether the whole construction is to be demolished. The order should specify why the extreme step of demolition is the only option available.(iii) After the orders of demolition are passed, the affected party needs to be given some time so as to challenge the order of demolition before the appropriate forum.The Court also held that violation of the directions would lead to initiation of contempt proceedings in addition to prosecution. If a demolition is found to be in violation of the orders of the Court, the officers responsible will be held liable for restitution of the demolished property at their personal cost in addition to payment of damages.Further, the Court clarified that that the directions would not be applicable if the unauthorized structure was in any public place such as road, street, footpath, abutting railway lines or any river body or water body and also in cases where there is an order passed by a Court of law.What does the contempt petition say?The contempt petitioner alleges that between 10-11.01.2025, a part of his property situated at Tiwari Sarai, Behjoi Road, Sambhal, U.P. was bulldozed by authorities without giving any prior notice or opportunity of hearing. As per claims, the property (a factory) was the petitioner and his family's sole source of income and as such, the action of the authorities has jeopardized their source of livelihood.It is contended that the authorities/proposed contemnors extended threats to the petitioner's representatives present at the time of the demolition of the property. "The alleged contemnors / Respondents bullied the petitioner and his men that they would face dire consequences and implicated in false cases if any action was taken against that demolition."Insofar as he was not given notice/opportunity of hearing before or after the demolition of the property, the petitioner asserts that the action of UP authorities was in complete violation of the Court's directions in order dt. 13.11.2024."Even the petitioner and his family member have not yet been furnished any cogent ground regarding the said demolition which is utterly a contravention to safeguard embellished under the fundamental rights and law of land laid down by this Hon'ble Court vide its judgment and order dated 13.11.2024."With regard to the property in question, the petitioner states that it was duly owned by him and his family members, and they had all the necessary documents, approved maps and other related documents, but the proposed contemnors came with police forms and bulldozer and started demolishing the property without paying any heed. In this regard, it is highlighted that the factory of the petitioner was approved by the Ministry of Micro, Small and Medium Enterprises and Export and Promotion Council for Handicraft.As per the petitioner, the alleged incidents were captured in the CCTV camera installed at the site. Based on the contentions, contempt action is sought against the concerned District Magistrate, Sub-Divisional Magistrate, Chief Development Officer and Tehsildar."the Respondents / Alleged Contemnors have no respect for the direction and order passed by this Hon'ble Court wherein this...

Contempt Petition Filed In Supreme Court Against Demolition Of Property At Sambhal, UP

Debby Jain

Tags