The Supreme Court will hear a contempt petition against the demolition of property without notice in Sambhal, Uttar Pradesh, next week. A bench of Justice BR Gavai and Justice KV Vishwanathan will oversee the case.
The petitioner’s lawyer requested a delay, citing the absence of the cross-examining lawyer due to personal reasons. The court accepted the request and postponed the hearing.
Demolition Without Notice Alleged
Mohammad Ghayur, the petitioner, claimed authorities demolished his property on Behjol Road between January 10 and 11 without prior notice. He stated the action violated the Supreme Court’s guidelines issued on November 13. These guidelines mandate a 15-day notice before any demolition. Authorities must also post the notice on a digital portal to ensure compliance with the law.
The court has consistently condemned demolitions without due process. It ruled that no house can be demolished based solely on allegations. The bench emphasized that a house represents shelter and dreams. Arbitrary actions by authorities violate fundamental rights.
The court clarified that officials cannot act as judges. It stated that punishing a family by demolishing their house due to one accused individual is unjust.
The court upheld the removal of encroachments on public roads, water bodies, or railway land in the public interest. Solicitor General Tushar Mehta, representing Uttar Pradesh, Madhya Pradesh, and Rajasthan, said prior notices were issued. He denied targeting any specific community.
The court reiterated India’s secular principles and promised detailed guidelines on such actions. Justice Gavai stressed that demolitions must follow the legal process.
The court will examine if the Sambhal demolition adhered to its guidelines in the next hearing.
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