The Supreme Court refused to entertain a contempt plea against Gujarat officials for allegedly breaching its demolition guidelines, directing the petitioner to approach the high court instead. The petitioner alleges that the Ahmedabad Municipal Corporation demolished three homes without prior notice, violating the apex court’s directives.
NEW DELHI: The Supreme Court on Monday, 3rd March, refused to entertain a petition seeking contempt action against Gujarat authorities for allegedly disobeying its orders regarding demolition of properties. The petitioner alleged that authorities in Ahmedabad demolished houses without following the Supreme Court’s directions.
A bench comprising Justices B R Gavai and Augustine George Masih suggested that the petitioner should approach the Gujarat High Court with the grievance.
“Why don’t you go to the high court,” the bench asked the counsel representing the petitioner.
The bench further explained the difficulty in monitoring all cases at the national level, stating,
“In every case, it will be difficult for us to monitor from here.”
The lawyer for the petitioner pointed out that the demolished houses were on private land and not public property.
Despite hearing the arguments, the Supreme Court declined to entertain the petition, stating, “We are not inclined to entertain the present petition.”
The petition sought action against officials of the Ahmedabad Municipal Corporation for allegedly violating the Supreme Court’s November 13, 2024, judgment.
This verdict laid down nationwide guidelines regarding property demolitions and prohibited authorities from demolishing properties without issuing a prior show-cause notice and giving the affected party 15 days to respond.
The petition, filed through advocate Paras Nath Singh, claimed that officials razed three houses and a shed belonging to an accused individual without following the due legal process.
It further stated, “Competent authority did not issue any prior notice whatsoever regarding the demolition of the homes.”
The petitioner, the convenor of the Minority Coordination Committee in Gujarat, contended that the authorities had clearly violated the Supreme Court’s directions. The demolitions reportedly took place in Ahmedabad in December 2024.
Supreme Court’s Demolition Guidelines
In its November 2024 judgment, the Supreme Court had specified that its guidelines would not apply to unauthorized structures in public spaces such as roads, streets, footpaths, railway lines, rivers, or water bodies. The exemption also extended to cases where a court order had been issued for demolition.
The judgment emphasized,
“No demolition should be carried out without a prior showcause notice returnable either in accordance with the time provided by the local municipal laws or within 15 days time from the date of service of such notice, whichever is later.”
Directions Issued
- If a demolition order is issued, time must be allowed for the affected party to appeal the decision.
- No demolition shall occur without a show cause notice. This notice must be sent by registered post to the building owner and also affixed to the exterior of the structure slated for demolition. At least 15 days must be provided from the date of the notice before any further demolition actions are initiated.
- The notice should detail the nature of the violations that prompted the proposed demolition, including the date and the authority before whom a personal hearing will take place.
- To avoid any allegations of backdating, once the show cause notice is served, notification must be sent to the Collector/District Magistrate (DM) of the district via email, with an auto-generated acknowledgment of receipt from the Collector/DM’s office.
- The Collector and DM are responsible for appointing nodal officers to oversee the demolition of municipal buildings.
- A designated digital portal must be created to make the details of such notices and the resulting orders publicly available.
- After the personal hearing with the relevant authority, minutes should be recorded. The final order must clarify whether the offense of constructing an unauthorized structure can be compounded. If only part of the structure is deemed illegal, the rationale for choosing demolition as the sole recourse must be examined.
- Orders regarding demolition must be displayed on the digital portal.
- The owner should be given an opportunity to demolish or remove the unauthorized structure within 15 days of the order. Further demolition actions should only proceed if an appellate body has not issued a stay on the order.
- Demolition proceedings must be videographed, and these recordings should be preserved.
- A demolition report should be submitted to the relevant municipal commissioner.
These directives are to be communicated to the Chief Secretaries of all States and Union Territories.
