The Supreme Court ruled that a petitioner alleging Maharashtra’s non-compliance with a 2024 demolition judgment must approach the high court, reinforcing guidelines on property demolitions without prior notice.
New Delhi: The Supreme Court on Thursday declined to entertain a plea alleging that Maharashtra authorities had violated its 2024 judgment on property demolitions, directing the petitioner to approach the jurisdictional high court instead.
A bench of Justices B R Gavai and Augustine George Masih heard the petition, which sought contempt proceedings against the authorities for allegedly disregarding the top court’s November 13, 2024 ruling on demolitions.
However, the bench made it clear that the petitioner should take the matter to the appropriate high court.
“Why don’t you go to the high court? We can’t monitor everything here,”
Justice Gavai told the petitioner’s counsel.
The November 2024 Supreme Court judgment had laid down pan-India guidelines barring the demolition of properties without a prior showcause notice and a 15-day period for the aggrieved party to respond.
The petitioner argued that Maharashtra authorities did not comply with this ruling and only provided a day’s notice before demolishing structures, violating due process.
However, when the bench asked for the sanction plan of the demolished property, the petitioner’s counsel admitted he would need to seek instructions.
“Had you shown us the sanction plan, we would have entertained,”
Justice Gavai remarked.
The petitioner’s lawyer mentioned that in similar demolition cases in the area, the high court had ruled the structures illegal.
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However, the Supreme Court observed that its November 2024 guidelines do not apply to demolitions of unauthorized structures on public roads.
“Our order also says that our judgment would not be applicable if the structures are on public roads,”
the bench noted.
In its November 2024 verdict, the Supreme Court clarified that the guidelines do not protect illegal constructions on public spaces such as:
- Roads, streets, and footpaths
- Land next to railway lines or water bodies
- Cases where a court has already ordered demolition
The Supreme Court’s landmark November 2024 judgment had ruled that:
“No demolition should be carried out without a prior showcause notice returnable either in accordance with the time provided by local municipal laws or within 15 days from the date of service of such notice, whichever is later.”
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The ruling came in response to petitions seeking clear guidelines on property demolitions across India.
With the Supreme Court directing the petitioner to move the high court, the case now hinges on whether the Maharashtra authorities followed the prescribed legal process before carrying out the demolition.
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