The Supreme Court Today (Jan 24) scheduled a hearing next week on a plea accusing Sambhal authorities of violating its guidelines by demolishing part of Mohammed Ghayoor’s property without notice. This case challenges the court’s prior directive to prevent unauthorized demolitions, potentially reshaping how such cases are addressed in the future.
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NEW DELHI: The Supreme Court announced on Friday that it will consider a plea after a week, which seeks contempt proceedings against officials in Sambhal for allegedly violating its orders on property demolitions.
A bench of Justices B R Gavai and Augustine George Masih heard the plea, which involves petitioner Mohammed Ghayoor. The petitioner’s lawyer requested a brief adjournment, explaining that the arguing counsel faced a personal issue and could not attend.
In his plea filed through advocate Chand Qureshi, the petitioner has alleged violation of the November 13 last year verdict of the top court which laid down pan-India guidelines and said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.
The plea claimed that authorities in Sambhal in Uttar Pradesh had bulldozed a part of the petitioner’s property on January 10-11 without giving any prior notice and opportunity to him or his family members.
In a plea submitted by advocate Chand Qureshi, the petitioner has alleged that the November 13, 2024, Supreme Court ruling was violated. This ruling established nationwide guidelines requiring a prior show-cause notice and a 15-day response period before any property demolition.
The plea contends that officials in Sambhal, Uttar Pradesh, bulldozed a part of the petitioner’s property on January 10-11 without issuing any prior notice or giving an opportunity for the petitioner or his family to respond.
“The petitioner states that he and his family members possessed all the necessary documents, including approved maps and other related records for the property. However, the contemnors arrived at the property and began demolishing it,”
-the plea stated.
In its November 2024 verdict, the Supreme Court had clarified that the guidelines would not apply to unauthorized structures in public spaces such as roads, streets, footpaths, or areas near railway lines, rivers, or water bodies.
It also excluded cases where a court had issued a demolition order.
The dispute arises from actions allegedly taken by officials in Sambhal, where a portion of Ghayoor’s property was reportedly demolished without any prior notice or an opportunity to present objections.
This, according to the petitioner, is in direct violation of the Supreme Court’s established guidelines.
Last November, the Supreme Court had issued clear instructions to regulate demolitions, aiming to prevent unauthorized actions.
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These guidelines emphasized that demolitions should not occur without proper notice, except in cases involving structures in public spaces or where a demolition order has been lawfully issued.
The hearing’s outcome is anticipated to provide more clarity on these legal provisions.
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