Supreme Court Grants Liberty to Approach Allahabad High Court in Contempt Petition Against Uttar Pradesh Authorities
Maheshpriya · 8 February 2025 · 2 min read
WHAT HAS HAPPENED?
The Supreme Court has granted liberty to the petitioner to approach the Allahabad High Court in a contempt petition filed against Uttar Pradesh authorities. The petition alleges violation of an earlier order dated November 13, 2024, which restrained demolition actions without providing prior notice or an opportunity for hearing. The Supreme Court bench, comprising Justices BR Gavai and K Vinod Chandran, disposed of the petition and directed the petitioner to approach the jurisdictional High Court for resolution.
KEY COURT'S DIRECTIONS
The Court clarified that it had issued all necessary directions on November 13, 2024, regarding demolitions, including that no demolitions should occur without proper notice and opportunity for the affected party to be heard. It further emphasized that if there was any breach of these guidelines, the High Court could entertain the matter.
PETITIONER'S CLAIM
The petitioner claimed that Uttar Pradesh authorities demolished part of his property (a factory) in Sambhal between January 10-11, 2025, without prior notice or hearing, in violation of the Supreme Court’s earlier order. The petitioner argued that this demolition affected his and his family's only source of livelihood.
SUPREME COURT'S GUIDELINES ON DEMOLITIONS
The Court’s November 2024 order had issued clear guidelines on demolitions, including:
- Prior notice: No demolition should take place without a show cause notice, with a minimum of 15 days to respond.
- Personal hearing: Affected parties must be given a personal hearing with minutes recorded.
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Time to challenge: The affected party must be allowed time to challenge demolition orders before the relevant forum.
CONTEMPT AND LIABILITY
The Court made it clear that violating these directions could lead to contempt proceedings, and any unlawful demolition would lead to restitution of the demolished property at the responsible officer’s personal cost, in addition to damages.
EXEMPTIONS TO THE DIRECTIONS
The Court also clarified that these demolition guidelines would not apply to unauthorized structures on public spaces (such as roads, streets, or near water bodies) or in cases where a court order has already been passed for demolition.
CASE TITLE: MOHAMMED GHAYOOR v. RAJENDER PENSIYA AND ORS., Diary No. 2651 of 2025
