The Supreme Court on Friday refused to examine a
plea seeking contempt proceedings against Sambhal authorities for allegedly
violating its verdict on demolition of properties and asked the petitioner to
move the high court concerned.
A bench of Justices B R Gavai and K Vinod Chandran
told the counsel for petitioner Mohammed Ghayoor, to "file it before the
high court".
"We find that the issue can be best addressed
by the jurisdictional high court. We, therefore, dispose of the present
petition with liberty to the petitioner to approach the jurisdictional high
court," it said.
The court said in its November 13, 2024 verdict, it
gave liberty that if there was any breach, the jurisdictional high court would
be entitled to entertain the grievance.
In his plea filed through advocate Chand Qureshi,
the petitioner said the authorities violated the top court's November 13, 2024
verdict which laid down pan-India guidelines and barred demolition of
properties without a prior showcause notice and 15 days' time to the aggrieved
party to respond.
The plea claimed Sambhal authorities bulldozed a
portion of the petitioner's property on January 10-11 without notice or an
opportunity to him or his family members to respond.
After the order was dictated, the petitioner's
counsel said, "In the meantime, third party interest may not be created in
my property." "Go and file a prosecution. We had issued all
necessary directions," said the bench.
The petitioner said he was aggrieved by the
arbitrary and illegal action of the authorities carried out in "complete
violation" of the top court's verdict.
"The petitioner and his family members had all
the necessary documents, approved maps and other related documents of the
property but the contemnors came to the premises of the petitioner property and
started demolishing the said property," it said.
The plea argued the November 2024 verdict of the
apex court directed state authorities to strictly adhere to the formulated
guidelines before bulldozing and demolishing properties in the country.
Authorities disobeyed the guidelines and bulldozed a
part of the petitioner's factory situated at Tiwari Sarai in UP's Sambhal
without a prior notice, it added.
The authorities, said the plea, had no respect for
the court and the rule of law and the administration of justice.
Aside from seeking contempt proceedings against the
authorities, the plea sought to restrain them from creating any third party
interest in the premises in question.
It also sought a direction to the authorities to
maintain status quo as on January 11.
Passing a slew of directions, the apex court in its
November 2024 verdict made clear that they would not be applicable in case of
unauthorised structures in a public spaces such as roads, streets, footpaths,
abutting railway lines or a river or water bodies apart from cases where there
was a court order for demolition.
"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," said the top court verdict.
The judgment came on petitions asking for guidelines
on demolition of properties.