SC asks High Courts to decide contempt pleas on demolition guidelines

The Supreme Court directed that contempt petitions alleging violation of its 2024 demolition guidelines be heard by respective High Courts. The apex court observed it cannot adjudicate individual factual disputes and transferred the cases.

The Supreme Court on Thursday asked High Courts to decide contempt petitions filed over the alleged violation of its November 2024 judgment laying down guidelines against the demolition of properties by bulldozers.

A bench of Chief Justice of India Surya Kant, Justices Joymalya Bagchi and V Mohana refused to entertain contempt petitions filed alleging demolitions were carried out in violation of the apex court's judgement and said such grievances should be raised before the concerned High Courts.

Court's Observations During Hearing

The court observed that there will be different factual disputes involved in each case, and the top court cannot go on adjudicating each claim on the facts. "We deem it appropriate to transfer the records of these proceedings to the concerned High Courts," ordered the bench.

During the hearing, an advocate told the bench that the process mandated by the Supreme Court was not followed in the particular matter, and there are many instances when such demolitions are clearly taken as a "punitive action".

Background of the 2024 Judgment

The bench also observed that the 2024 judgment was issued to address the larger trend of demolishing homes of persons accused in crimes as a punitive action; however, the judgment was not a blanket protection to illegal constructions.

On November 13, 2024, the top court delivered a judgement and laid down pan-India guidelines saying no property should be demolished without a prior showcause notice and the affected must be given 15 days to respond. It passed a slew of directions in its November 2024 verdict and made clear that they would not be applicable if there was an unauthorised structure in a public place such as a road, street, footpath, abutting railway line or any river or water bodies and also in cases where there was an order for demolition made by a court of law. (ANI)

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