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The Supreme Court on Friday postponed the hearing of a contempt petition against Uttar Pradesh authorities for allegedly violating its November 13, 2024, order, which restricts demolitions without prior notice and an opportunity for a hearing.
The bench, comprising Justices BR Gavai and AG Masih, adjourned the case for a week following a request from the petitioner’s lawyer, who cited the unavailability of the arguing counsel.
The petition, filed by Mohammed Ghayoor, claims that part of his property in Sambhal was demolished by authorities between January 10 and 11, 2025, without any prior notice or opportunity for a hearing. Ghayoor alleges that this action directly contravenes the Supreme Court’s earlier ruling.
According to the petition, the demolished property was a factory that served as the sole source of income for Ghayoor and his family. The petitioner asserts that the demolition has jeopardized their livelihood, urging the court to take action against the authorities for contempt.
In its November 2024 judgment, the Supreme Court issued nationwide guidelines requiring that no property be demolished without first issuing a show-cause notice and giving the affected party at least 15 days to respond.
However, the court clarified that these guidelines would not apply in certain cases, such as:
1. Unauthorised structures in public places like roads, streets, footpaths, railway lines, or water bodies.
2. Demolitions ordered by a court of law.
The deferral of the contempt petition provides additional time for both parties to prepare their arguments, while the Supreme Court continues to uphold its stance on protecting due process in demolition actions across the country.
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