GG News Bureau
New Delhi, 24th Oct. The Supreme Court of India on Thursday declined to entertain a plea alleging contempt regarding the demolition of properties by authorities in Uttarakhand, Rajasthan, and Uttar Pradesh. The bench, comprising Justices B.R. Gavai, P.K. Mishra, and K.V. Viswanathan, expressed its unwillingness to engage with the petition, highlighting that the petitioner was neither directly nor indirectly affected by the alleged actions.
“We don’t want to open a Pandora’s box,” the bench stated, adding that individuals directly impacted by the demolitions should approach the court. The petitioner’s counsel claimed that authorities in Haridwar, Jaipur, and Kanpur had conducted demolitions in defiance of the Supreme Court’s directive, which mandated that no demolitions occur without prior permission from the court.
“The Supreme Court’s order was categorical that without the leave of this court, no demolition would be carried out,” the counsel argued, citing a specific incident where a property was demolished shortly after an FIR was lodged against its owner.
Representing the Uttar Pradesh government, Additional Solicitor General K.M. Nataraj countered that the petitioner was a third party without knowledge of the facts, clarifying that the demolitions in question were merely the removal of footpath encroachments. He emphasized that the petition was based solely on media reports.
The bench reiterated its refusal to entertain the plea, noting that the petitioner was not directly or indirectly affected. The petitioner’s counsel pointed out that in two of the three cases mentioned, the individuals affected were currently incarcerated. However, the bench suggested that family members of those affected could seek recourse through the court.
“People who are suffering often don’t have access to court,” the counsel stated. The bench responded, “Please don’t say that. There are public-spirited citizens everywhere.”
The Supreme Court reiterated that if anyone’s property had been demolished, they were welcome to approach the court, which would consider their cases. Previously, the apex court had reserved its verdict on multiple petitions addressing the demolition of properties, particularly those belonging to individuals accused of crimes.
On September 17, the Supreme Court had ordered a nationwide halt to demolitions until October 1 without its permission, clarifying that this order did not apply to unauthorized structures on public roads, footpaths, railway lines, and water bodies. Following this, the court reserved its verdict and indicated the need for the formulation of pan-India guidelines regarding property demolitions, stressing that religious structures obstructing public pathways—regardless of their nature—must be removed for the sake of public interest. The court firmly asserted that being an accused or a convict did not justify the demolition of properties.
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